Applying For Probate

Savvy_Sue

https://forums.moneysavingexpert.com/discussion/comment/82075082#Comment_82075082

Not throwing anything away is certainly the way to go. I was very pleased to find a similar file for my late parents' house, which enabled me to answer at least some of the questions in the solicitor's search enquiries with a degree of confidence. It also enabled me to confirm that the rough patch of land on which the garages for all the nearby houses were built appeared to be without formal ownership: the searches indicated that the company which had most recently owned the land before my parents bought it had been dissolved and there was no trace of any other interest. I suspect if we hadn't been able to supply that batch of documentation that our selling solicitor would have been duty bound to repeat all the searches done in the past!

Land_Registry

https://forums.moneysavingexpert.com/discussion/comment/82074908#Comment_82074908

The house deeds will look like what you have in the file. The Abstract will cover the ownership of the land as a whole before being developed and houses built. The Conveyancer is how unregistered land is conveyed and once registered it would be transferred (Transfer).

It reads as if they have owned it since 1965, the date of the Conveyance, and it has never been registered. Check PG1 section 8 for the district/area and date of compulsory registration - if they bought before the listed date it's most likely still unregistered First registrations (PG1) - GOV.UK

A quick search online can also be done and I suspect the address will confirm no information found - Search for land and property information - GOV.UK

As it was in both their names the legal ownership passed to your late Aunt after your Uncle died. Probate (Letters of Administration) won't be needed for your Uncle as the legal ownership of the property did not form part of his estate. Whether it's needed for his other assets would need wider advice

Probate (Letters of A) will be needed for your late Aunt as the property does form part of her estate. If you are going to sell I would recommend registering it first - HMLR Guide: Start - External  · HM Land Registry

Whilst some buyers might be willing to buy it unregistered if all the paperwork is there in most cases they won't be able to as their mortgage lender says No as they see it as a potential risk. Once registered with the state guarantee that risk is removed.

WYSPECIAL

https://forums.moneysavingexpert.com/discussion/comment/82075974#Comment_82075974

Thank you!

From the paperwork you have mentioned it looks like the land was conveyed to a builder in 1965 who must have developed the land as the house was then conveyed from the builder to a couple in 1968 and then they sold it to my Aunt and Uncle in 1973.

It looks like I have a clear audit trail so hopefully a conveyancing solicitor will be able to wade their way through it.

RAS

You might even be able to do it yourself, given the very clear audit trail?

WYSPECIAL

https://forums.moneysavingexpert.com/discussion/comment/82076172#Comment_82076172

Would a buyer, or more importantly any lender the buyer was using, be likely to accept dealing with DIY conveyancing?

I would just like the property sold as quickly and smoothly as possible.

Reed_Richards

Here's what the Land Registry says on DIY Conveyancing https://hmlandregistry.blog.gov.uk/2014/02/24/conveyancing-solicitor-or-diy/

RAS

There is a difference between first registration and conveyancing. They can be done separately or combined.

Learning that you want to sell ASAP means hiring professional advice might be quicker, even if it costs more.

The Land Registry rep suggests you get first registration done before sale, as mortgage providers may not be prepared to lend given the possible risk.

That will take time. Although you can ask the Land Registry to expedite registration if you have a sale lined up.

The downside of selling before first registration is that if it could exclude buyers who need a mortgage and that will reduce value and make finding a buyer harder. Although some properties are sold using probate and paper deeds.

The downside of getting first registration done before sale is that you've all the hassle of managing the house and the delay in distributing the estate, but you may get more interest and a better price.

I'd suggest that one thing you do is to download the registration documents for all adjacent properties and take them and a copy of the plan to the property and a tape measure and check there are no discrepancies.

There's too many times people have discovered that half the garden isn't on the plan, they don't actually have right of access through the bottom gate or the adjacent houses have right of way past their rear window. Lawyers can ask about what's mentioned in the deeds but they can't see the missing part of the garden etc.

Then find a lawyer experienced in first registrations, not just any conveyancer, and ask them to review your bundle and the other registrations. Can they see anything that needs clarifying, any discrepancies?

And ask on the selling forum here how much of a hurdle simultaneous sale and registration is in the current climate? There are a few very helpful mortgage advisers on there. Your area might have local issues or advantages, so then get prices for both situations from a couple of good local estate agents.