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Land registry and probate and house sale
lookstraightahead
Posts: 5,558 Forumite
Apologies for starting a new thread but my post has a slightly different question and I think I'm getting a bit confused.
My MIL is now reaching her last weeks. The deeds to her property are held with the local solicitor and the house is in joint names with my late FIL.
The house was bought in the sixties and has never been registered with the land registry. Upon my MIL passing her estate (mainly just the house which will be sold)will be left to my husband and his sister. My husband also has financial power of attorney and is executor.
The coneyancing solicitor has told me that we could register the house now, or leave it. Does this need to be done before probate? Would it be better to start the ball rolling before she passes? Usually I'm quite good at grasping things but at the moment my head is full of other things!
Thank you - all sounds a bit cold but she's desperate to not leave us with any problems - lovely lady .
My MIL is now reaching her last weeks. The deeds to her property are held with the local solicitor and the house is in joint names with my late FIL.
The house was bought in the sixties and has never been registered with the land registry. Upon my MIL passing her estate (mainly just the house which will be sold)will be left to my husband and his sister. My husband also has financial power of attorney and is executor.
The coneyancing solicitor has told me that we could register the house now, or leave it. Does this need to be done before probate? Would it be better to start the ball rolling before she passes? Usually I'm quite good at grasping things but at the moment my head is full of other things!
Thank you - all sounds a bit cold but she's desperate to not leave us with any problems - lovely lady .
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Comments
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It could make life simpler to have the solicitor sort out first registration asap.
https://www.gov.uk/registering-land-or-property-with-land-registry/register-for-the-first-time0 -
Thank you. Could this take months though as she only has a few weeks
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The deeds to her property are held with the local solicitor and the house is in joint names with my late FIL.
There is a conveyancing solicitor in the practice? Ask about the time factor and find out whether there is any prospect of expediting the process.0 -
You don't need to register the house to obtain probate but you do need probate before you sell and that will probably take at least a few months so starting the registration process now would be a good idea.0
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You don't need to register the house to obtain probate but you do need probate before you sell and that will probably take at least a few months so starting the registration process now would be a good idea.
Just to expand on this reply.
You can market the property, and exchange contracts before Probate. The only thing you cannot do is complete on the sale until you have the Grant.
It might put off buyers who want to move quickly but many people run the application at the same time as the selling process.0 -
When I asked my Solicitor the same question, she said to just do it all as part of the conveyancing process when it sold.
It didn't hold up the sale, although we had all of the deeds. If you haven't got the paper-work it can be a lot trickier.0 -
I can get hold of the deeds - they are with the solicitor.0
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I can get hold of the deeds - they are with the solicitor.
Then start first registration asap?
https://forums.moneysavingexpert.com/discussion/6057904/buying-a-house-with-probate-granted0 -
Thank you xylophone - the problem is she is in her final weeks now and I don't think we will get registration completed in time.0
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the problem is she is in her final weeks now and I don't think we will get registration completed in time.
The deeds are with the solicitor - there is a conveyancing partner- he could be preparing all the paperwork while waiting for the LCD search?
https://www.gov.uk/registering-land-or-property-with-land-registry/register-for-the-first-time
What does the conveyancing partner have to say?0
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