Probate questions

Land_Registry

https://forums.moneysavingexpert.com/discussion/comment/81887928#Comment_81887928

The register will confirm the current details for you. If the old mortgage (legal charge) is still showing you'll need to get that sorted with the lender/check your parents' paperwork to see if they have anything to confirm that it was discharged (form 53 or form DS1 for example)

noclaf

https://forums.moneysavingexpert.com/discussion/comment/81888060#Comment_81888060

Thanks.

Could I also check if the following restriction on the title is likely to cause me any challenges when requesting update of the deeds.I believe this is included where there are joint owners where as the change to be implemented will move from both my parents to a sole owner (myself):

'no disposition by a sole proprietor.....'

I am not intending/planning to sell at least not for the immediate future if that makes any difference.

Land_Registry

I assume it's a form A restriction, often applied for and associated with the term tenants in common.

"No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court."

It won't be a problem when you Assent the property to yourself but it will remain on the register and as and when you do sell it will need to be dealt with either through cancellation or appointing someone else to act with you on the sale

If you are the sole legal and beneficial owner then you can apply to cancel it using forms RX3 and ST5, submitted along with your AP1, AS1 and ID1/ID3 forms. See section 8 of our PG 6 for guidance

Practice guide 6: devolution on the death of a registered proprietor - GOV.UK

noclaf

Thanks again @Land_Registry, very helpful.

I will consider if worthwhile seeking Legal advice/assistance to avoid creating more potential challenges in the future thinking longer term

noclaf

A question regarding the PA11 form, if there are two executors listed on my mum's will, would I require two forms, one for each executor or would one of the executors signing the form and delegating to me suffice? Or would both executors need to sign the same PA11 form?

noclaf

https://forums.moneysavingexpert.com/discussion/comment/81908685#Comment_81908685

Just bumping my own thread regarding my question above, if anyone is able to clarify would be much appreciated. Thanks.

noclaf

@poseidon1 Could I just pick up on your below response from earlier in the thread:

Firstly, given what you say about the executor's busy lives a PA11 delegation of their duties to you would certainly suit you all and highly recommended in these circumstances.

Question: My mum's will has two executors listed. One lives nearby and I will be asking them to complete the PA11 form. What abt the other executor...would I need to ask them to take any actions? My concern here is one executor delegates to me....then I will get a response back asking what about the other executors preference...have you tried to ask them and then the usual delays as a result. I could ask both executors to submit a PA11 but not sure is that correct or even needed?

*Appreciate nobody including you can be expected to give Legal advice on a forum and DYOR applies here but any pointers would be helpful. thanks.

.

poseidon1

Surely both executors are delegating their executorship to you, so both will have to complete a PA11 in your favour.

If not, then you will be acting as executor in concert with the executor who has not completed a PA11, which given your rationale of relieving both executors of the hassle of the day to day estate administration, would appear to defeat the whole point of this excercise.

noclaf

https://forums.moneysavingexpert.com/discussion/comment/81927373#Comment_81927373

Thanks, that would make sense for completeness purposes but I just wanted to check anyway.

Would you be aware under what circumstances an executor would use the PA15 form rather than PA11?

poseidon1

PA15 is where the executors named in the will wish to revoke their appointment in its entirety and step away from the administration on the basis that they had not already intermeddled at any point.

However with regard to renunciation there is no option to name a replacement, so the executors exercising that option leave a vacuum of executorship requiring individuals who wish to step into that role having to make separate application to do so.