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Thomas
Thomas, Lawyer
Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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My father has recently passed away leaving his entire estate

Resolved Question:

My father has recently passed away leaving his entire estate to my mother in his will. The house is worth approx £225k and was according to the deeds in his name only and a Land Reg search revealed the property title is not registered. What do I need to do to ensure the property is legally transfered to her ownership.
Submitted: 3 years ago.
Category: UK Law
Expert:  Thomas replied 3 years ago.

Hi


Who is the executor of your father's Will/Estate?

 

Tom

Customer: replied 3 years ago.

The executors are myself, my brother and my mother.

Expert:  Thomas replied 3 years ago.

Ok.


Have you instructed solicitors to act on your behalf in the administration?

 

Do you hold the deeds to the property?


Tom

Customer: replied 3 years ago.
Have not yet instructed solicitors. The deeds are back in secure storage with the bank, there isn't a mortgage.
Expert:  Thomas replied 3 years ago.

Right.

 

You're going to have to request the deeds from the bank. In order to register an unregistered absolute title at the Land Registry you will have to submit Form FR1 to them with the Epitome of Title. The Epitome is the chain of ownership from the "root" of the title to your father's ownership. It will consist of previous conveyances, assents, grants of probate from previously deceased owners.

 

It would be a lost easier for you to instruct a solicitor to assist in obtaining a grant of probate, collate the pre-registration deeds in to an epitome of title and then register the property in the name of your mother. If you are minded to attempt to do the administration of the estate yourself then I would still advise taking the deeds to a conveyancing solicitor to ask they register for you because it can get quite complicated.

 

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Kind regards,


Tom

Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6392
Experience: BA (Hons), PgDip, Practising Solicitor
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