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    • lisyloo
    • By lisyloo 12th May 18, 8:00 AM
    • 22,734Posts
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    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
    • 1,314 Posts
    • 3,894 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
    • 2,796 Posts
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    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
    • 22,734 Posts
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    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
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    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
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    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
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    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
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    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
    • 3,024 Posts
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    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.
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