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Posted Fri, 05 Apr 2024 10:09:21 GMT by Bally 53
A father has died and had been divorced for over 20 years. Home Rights for divorced wife is still on the Title for some reason. She has since remarried and lives abroad.
Can executor (son) who will inherit the house send just Death Certificate to get it removed prior to house sale or is Decree Absolute required as well? 
Son is concerned about sending original Decree Absolute as you say you destroy documents that are sent and it may be needed in the future perhaps. 
If you do need the Decree Absolute who can certify it (to avoid sending the original) other than a solicitor e.g. is a police officer acceptable?
Posted Fri, 05 Apr 2024 10:25:44 GMT by Adam Hookway
Bally 53 - I assume the property is being transferred into the son's name as per his inheritance. As such the probate will confirm the sole owner's death and the Notice you refer to would be cancelled as a result as he has died. We don;t need evidence of the divorce as a result as the rights ended when he died as well as when the divorce occurred
Posted Fri, 05 Apr 2024 10:30:29 GMT by Bally 53
A solicitor said there was no need to transfer the property into the son's name before sale as that would incur extra costs. From what you say though is it correct that the Notice will be automatically cancelled anyway and there will not be a problem with any eventual sale? 

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