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Aston Lawyer
Aston Lawyer, Property Solicitor
Category: UK Property Law
Satisfied Customers: 1734
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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I was divorced from my husband some years ago. He has a

Customer Question

Hi my name is***** I was divorced from my husband some years ago. He has a lien/charge on the house. He has recently passed away. and his will transfers this charge to our two sons. Do i need to get the deeds changed and if so will I need a copy of the will to do this
JA: Thanks. Can you give me any more details about your issue?
Customer: Sorry no he only passed away last week
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Submitted: 1 year ago.
Category: UK Property Law
Expert:  Aston Lawyer replied 1 year ago.

Hi Bernie,

Thanks for your enquiry.

I am pleased to say that nothing at all needs to be change don your Deeds.

As the Charge has transferred to your Sons, as beneficiaries under his Will, the Charge can remain as it is on your Deeds, and as and when you sell the property, you would just need to pay the monies over to your Sons, who will then need to sign a Form to say that the Charge has been repaid. At that time, the Land Registry will need to see evidence that your Sons have the right to sign the form, and this would be in the form of your ex husband's Probate. You therefore need to check that your Sons, or whoever has been appointed as Executor in your ex husband's Will, are indeed going to obtain Probate, to avoid a potential problem as and when your property is sold.

I hope this assists and clarifies the legal position.

If so, I would be grateful if you could rate my Answer.

Kind Regards