Grant of probate dilemma
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stephen_e
Posts: 13 Forumite
Hi all. First post so here goes.
My Mother and Father purchased a house. Mortgage was paid off years ago. Abbey National offered the Deed safe service. Basically you owe 50p on the mortgage and they look after deeds for evermore.
The Abbey, now Santander have control of the deeds. My parents are shown Tenants in common.
When we requested a copy of the deeds from H.M. land reg both my parents are shown on deeds along with Santander.
Here is the issue.
My Dad died two years ago leaving a will. Everything passed to my mother. We did everything required at that time other than sort out the deeds.As the estate was small no legal involvement was necessary.
We are now ready to change the deeds to my mothers sole name. I called the land reg advice office and they tell me fill in DJP and RX3 and ST5 forms and they can remove the restriction (santander) and my late father. Santander however say I have to obtain a Grant of Probate which I understand will cost over £200 then they will apply to remove my father from the deeds then my mother can pay off the remaining 50p.
Has anyone any experience of anything like this can advise me. My mother offered to pay the 50p off but because my father is deceased she cannot. I am also aware that deeds are held on computer these days so why are Santander refusing to assist in this matter. If we have to get the grant of probate then we will but it seems a bit strange.
Any help or advice will be welcome.
My Mother and Father purchased a house. Mortgage was paid off years ago. Abbey National offered the Deed safe service. Basically you owe 50p on the mortgage and they look after deeds for evermore.
The Abbey, now Santander have control of the deeds. My parents are shown Tenants in common.
When we requested a copy of the deeds from H.M. land reg both my parents are shown on deeds along with Santander.
Here is the issue.
My Dad died two years ago leaving a will. Everything passed to my mother. We did everything required at that time other than sort out the deeds.As the estate was small no legal involvement was necessary.
We are now ready to change the deeds to my mothers sole name. I called the land reg advice office and they tell me fill in DJP and RX3 and ST5 forms and they can remove the restriction (santander) and my late father. Santander however say I have to obtain a Grant of Probate which I understand will cost over £200 then they will apply to remove my father from the deeds then my mother can pay off the remaining 50p.
Has anyone any experience of anything like this can advise me. My mother offered to pay the 50p off but because my father is deceased she cannot. I am also aware that deeds are held on computer these days so why are Santander refusing to assist in this matter. If we have to get the grant of probate then we will but it seems a bit strange.
Any help or advice will be welcome.
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Comments
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Santander are quite entitled to require probate. That is your solution. Get the application in soon as the fees are due to rise soon.Hi all. First post so here goes.
My Mother and Father purchased a house. Mortgage was paid off years ago. Abbey National offered the Deed safe service. Basically you owe 50p on the mortgage and they look after deeds for evermore.
The Abbey, now Santander have control of the deeds. My parents are shown Tenants in common.
When we requested a copy of the deeds from H.M. land reg both my parents are shown on deeds along with Santander.
Here is the issue.
My Dad died two years ago leaving a will. Everything passed to my mother. We did everything required at that time other than sort out the deeds.As the estate was small no legal involvement was necessary.
We are now ready to change the deeds to my mothers sole name. I called the land reg advice office and they tell me fill in DJP and RX3 and ST5 forms and they can remove the restriction (santander) and my late father. Santander however say I have to obtain a Grant of Probate which I understand will cost over £200 then they will apply to remove my father from the deeds then my mother can pay off the remaining 50p.
Has anyone any experience of anything like this can advise me. My mother offered to pay the 50p off but because my father is deceased she cannot. I am also aware that deeds are held on computer these days so why are Santander refusing to assist in this matter. If we have to get the grant of probate then we will but it seems a bit strange.
Any help or advice will be welcome.0 -
Have you spoken to the bereavement team? If not try them.0
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The Bereavement team were the ones that told me this is what is required. Strangely when my father passed 2 years ago he shared accounts at the Santander and I recall attending with my mother with the will and the death cert which was satisfactory to allow my mother access to savings etc and remove him from accounts.
We would not object to do this if it was the same across all the banks but it isn't. Nationwide for example offered all deeds to the owners and said there was no necessity for them to be involved as land reg deal with the deeds centrally now. Those people that did not ask for them back had them destroyed.0 -
This does not seem right.
One for the land registry rep that hangs out on the property boards.
would have though you should be able take your fathers name of without Santander getting involved, they can stop new names getting added.
Was the original mortgage just in his name?
If in both names should be possible to pay the 50p0 -
Santander said if he was alive yes just pay pay 50p and job done.
It is a Joint mortgage showing tenants in common.And yes we can have dads name removed by land reg but the retention is on there in name of Santander giving it the appearance that there is a mortgage on the property. In the future this will cause issues unless i get it sorted.0 -
I am not sure that it will cause issues that Santander is still on the property - if you ultimately sell the house the solicitor will see that and ask for a statement to pay off the mortgage and all then names will get changed at that point.
Do you actually need to change the deeds to mother's name ? My father dies 20 years ago, when mother died last year it transpired that both names were on the registry still - dealt with by solicitor on sight of both death certs when I sold the house.0 -
They are saying that a person on a mortgage cannot make a payment.
That makes no sense.
There is no need for probate of the deceased on a joint loan.
The liability all fall on the survivor.
If you have the account details should be possible to make a payment and ask them to remove their charge.
there is now only one legal owner and the beneficial interest is none of their business.0 -
I am going to have one more crack at the land registry office and if they stand by what they told me, that is to submit DJP and RX3 and ST5 forms then I shall give that a go.
Santander have been called 3 times now and 3 different people have told me the same thing that is I need the Grant of probate. As for Santander being paid the 50p my mother offered this but as I said before they will not remove their charge unless both mum and dad sign the form of consent.0 -
I am going to have one more crack at the land registry office and if they stand by what they told me, that is to submit DJP and RX3 and ST5 forms then I shall give that a go.Flugelhorn wrote: »Do you actually need to change the deeds to mother's name ? My father dies 20 years ago, when mother died last year it transpired that both names were on the registry still - dealt with by solicitor on sight of both death certs when I sold the house.
If you don't get any joy, leave things as they are - as Flugelhorn says, as long as you can produce the two death certificates, there shouldn't be any problem when you come to sell.0 -
Santander said if he was alive yes just pay pay 50p and job done.
It is a Joint mortgage showing tenants in common.And yes we can have dads name removed by land reg but the retention is on there in name of Santander giving it the appearance that there is a mortgage on the property. In the future this will cause issues unless i get it sorted.
I am not sure whether this might help. Our deed was with Halifax and had £1 left for deed storage. I realised by owing Halifax £1 there is still a charge on the property. I phoned Halifax and asked them to remove the charge and closed the account which they did I did not even have to pay the £1. The deed was returned to us. I was then granted a letter of discharge and land registry removed Halifax name on the deed. I just do not understand why Santander is asking for probate and is being difficult. Could you pursue this further at a higher level. I guess you do not have much time as probate fees are going up.0
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