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Applying For Probate

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Comments

  • Savvy_Sue
    Savvy_Sue Posts: 47,950 Forumite
    Part of the Furniture 10,000 Posts Name Dropper

    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!

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  • Land_Registry
    Land_Registry Posts: 6,341 Organisation Representative
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    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.

    Official Company Representative
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  • WYSPECIAL
    WYSPECIAL Posts: 811 Forumite
    Part of the Furniture 500 Posts Name Dropper Combo Breaker

    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
    RAS Posts: 36,816 Forumite
    Part of the Furniture 10,000 Posts Name Dropper

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

    If you've have not made a mistake, you've made nothing
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