Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    • lisyloo
    • By lisyloo 12th May 18, 8:00 AM
    • 22,006Posts
    • 10,692Thanks
    lisyloo
    Conveyancing - joint tenant deceased
    • #1
    • 12th May 18, 8:00 AM
    Conveyancing - joint tenant deceased 12th May 18 at 8:00 AM
    My FIL died recently. MIL is permanently is a nursing home so flat will be up for sale once Ive obtained deputyship to sell it (shes lost capacity so is unable to agree to the sale).

    Do I need to get him removed from the deeds first before a sale can proceed or can the deeds just be sorted at sale time?
Page 1
    • tom9980
    • By tom9980 12th May 18, 8:03 AM
    • 1,291 Posts
    • 3,847 Thanks
    tom9980
    • #2
    • 12th May 18, 8:03 AM
    • #2
    • 12th May 18, 8:03 AM
    Pretty sure it!!!8217;s fine to proceed from my hazy recollection of past threads, you may need death certificate obviously.
    In order to change, we must be sick and tired of being sick and tired.
    • da_rule
    • By da_rule 12th May 18, 8:17 AM
    • 2,711 Posts
    • 2,389 Thanks
    da_rule
    • #3
    • 12th May 18, 8:17 AM
    • #3
    • 12th May 18, 8:17 AM
    Did they own the property as joint tenants or tenants in common?

    If they owned it as joint tenants your FIL!!!8217;s share will automatically pass to your MIL. You don!!!8217;t need to do anything, when you sell you will provide your FIL!!!8217;s death certificate to the buyer and they will deal with it on registration. Alternatively you can submit Land Registry form DJP before the sale.

    If it is owned as tenants in common it will pass under the terms of your FIL!!!8217;s will/the intestacy rules.
    • lisyloo
    • By lisyloo 12th May 18, 8:48 AM
    • 22,006 Posts
    • 10,692 Thanks
    lisyloo
    • #4
    • 12th May 18, 8:48 AM
    • #4
    • 12th May 18, 8:48 AM
    Joint tenants (sorry - in title but not post).

    Cheers, would prefer not to do another form if avoidable.
    Clearing the flat, family have another funeral next week, 5 forms for deputyship and death certificates are safe but I am 100 miles away, so one less thing to do is welcome.
    • Flugelhorn
    • By Flugelhorn 12th May 18, 9:51 AM
    • 854 Posts
    • 1,015 Thanks
    Flugelhorn
    • #5
    • 12th May 18, 9:51 AM
    • #5
    • 12th May 18, 9:51 AM
    had similar - solicitor said they would sort at the time of conveyancing
    • Owain Moneysaver
    • By Owain Moneysaver 12th May 18, 1:17 PM
    • 8,277 Posts
    • 9,191 Thanks
    Owain Moneysaver
    • #6
    • 12th May 18, 1:17 PM
    • #6
    • 12th May 18, 1:17 PM
    Buyer's solicitor may ask for death certificate of F-i-L to establish he has no claim on the property.
    A kind word lasts a minute, a skelped erse is sair for a day.
    • davidmcn
    • By davidmcn 12th May 18, 1:21 PM
    • 8,010 Posts
    • 8,257 Thanks
    davidmcn
    • #7
    • 12th May 18, 1:21 PM
    • #7
    • 12th May 18, 1:21 PM
    Buyer's solicitor may ask for death certificate of F-i-L to establish he has no claim on the property.
    Originally posted by Owain Moneysaver
    I don't think there's any "may" about it - pretty sure it's essential for registration purposes.
    • lisyloo
    • By lisyloo 12th May 18, 2:24 PM
    • 22,006 Posts
    • 10,692 Thanks
    lisyloo
    • #8
    • 12th May 18, 2:24 PM
    • #8
    • 12th May 18, 2:24 PM
    Death certificate is not an issue. We have 4 copies.
    • Tom99
    • By Tom99 12th May 18, 2:29 PM
    • 2,374 Posts
    • 1,603 Thanks
    Tom99
    • #9
    • 12th May 18, 2:29 PM
    • #9
    • 12th May 18, 2:29 PM
    My solicitor did it online, took about 5 minutes and no charge.
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

1,152Posts Today

8,576Users online

Martin's Twitter
  • RT @thismorning: Worried about your finances? Want tips and tricks for getting the best money-saving deals? Whatever your money matter, @Ma?

  • Morning. I'm on my way to @thismorning first to talk about how to get the most buck (or euros) for your money with? https://t.co/OXkQDilixy

  • Early days but if we weight this vote to the referendum proportions (48:52) then 57% of people currently want secon? https://t.co/zct2KOUWRf

  • Follow Martin