HR4

Hi,

I'm buying a property that is subject to a Notice under the Marital Homes Act 1967. We have obtained a death certificate for the person named in the Notice. Can I ask:

1. Can I submit a form HR4, or does the seller/current registered owner have to that
2. The death certificate doesn't refer to the address we are buying nor to the address of the deceased which appears in the Notice. Do I need to identify and submit evidence linking that person to the address, or will a death certificate in the right name be sufficient?

Many thanks,

Hi John - anyone can submit the application although it would usually be the actual legal owner 
The form explains the supporting evidence we would need and a copy of the death certificate is sufficient
You are right to query/ask your Q and I assume there are reasons as to why you have obtained the death certificate and wish to submit the application yourself. If so I would recommend including a written explanation as to why that is to pre-empt any queries from ourselves

Thanks Adam. Much appreciated.

 

Hi Adam,

things got a little more complicated. The death certificate I referred to in my earlier question wasn't for the person named in the Notice. The notice was entered in 1983 and the property has changed hands twice without the Notice being removed.

I've undertaken quite an extensive search to find the named person, a death certificate, grant of probate or decree absolute, but found nothing. I've also instructed a tracing agent, who has also drawn a blank. The seller, local businesses and residents have no knowledge of the named person.

If I submit:

1. a report from the tracing agent setting out the steps they have taken to locate the named person, and that they have found no trace

2. a statement of truth setting out the steps I've taken to locate the named person

3. a statement of truth from the current occupant who has lived in the property for 15 years and has knowledge of the previous occupants, that the named person has never sought to exercise her right to occupy

could that be enough to have the Notice removed? If it isn't, is there any other advice you can give about curing the defect in title?

Many thanks,

Hi John - noted and understood. Interesting that they have not been able to trace the individual as such professionals are often very successful re such matters
We won't know if that's enough until you apply and the supporting evidence is assessed. It could be enough but impossible to be definitive as we would also need to look at what we have on record re the history of the title and it's transference etc as well

Thanks Adam - really helpful, thank you.

 

Hi Adam,<br> <br> there is a live application to remove a notice from 1 New Bridge Cottages, Midgehole, HX77AL, Title Number WYK262766.<br> <br> The applicant isn't very quick to act, and there are two documents (report from tracing agent and statement fo truth), attached, that I hope may assist in disposing of the application.<br> <br> My question is whether you are able to add them to the live application - and ask that the consideration of the new evidence be expedited. Like a million other people, we'd save a fair bit of money in stamp duty of we can get the Notice removed in time to complete on Monday 31st.<br> <br> Many thanks, again<br> <br> John

Second document - Statement of Truth

Hi John - there's no 'live' application against that title now. There was one but that was completed on 7th March and the register updated as a result.
If a further update is required you'll need to make a formal application using form AP1 along with supporting evidence as appropriate 
WYK262766