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Can a property be assented into the estate of a beneficiary?
Can a property be assented into the estate of a beneficiary?
Posted
Wed, 18 Sep 2024 15:20:45 GMT
by
Karen Stiell
The situation is that Mr X passed away and the property transferred by spouse to Mrs X. Mrs X passed away but her estate was not administered by the executor, her son. Her will leaves the property to her daughter Y. The daughter passed away. The daughter's husband has also passed away. The daughter had step children (her husband's children). The son is not in contact with the step children, but wants to administer the estate of Mrs X (his mother). How does he complete the AS1 form?
Can the property be assented into the estate of his sister? If so what wording should be used.
Thank you.
Posted
Wed, 18 Sep 2024 15:33:20 GMT
by
Adam Hookway
Karen - I'm afraid I don't quite follow the explanation but assume that the register refers to a deceased individual and the property has then remained in their estate and not been dealt with as yet.
You can't assent a share in a property so you should start with who is registered as the legal owner and then work forward from there.
If they have died then the legal ownership forms part of their estate and their executor is the one to then deal with the estate/property as appropriate.
If you are stating that the executor, as named in the probate, has also died then you can create what is known as a chain of representation using the probate for the deceased executor. And the deceased executor's own executor can then transfer (assent) the property to the beneficiary as appropriate
If that is not the case then please confirm the title number and what has then happened to the registered owner and their named executor.
Posted
Wed, 18 Sep 2024 15:43:30 GMT
by
Karen Stiell
Thanks for your quick response and apologies my explanation was confusing.
Both owners of the property have passed away.
The estate of the mother has not been administered so the property is still in the names of the deceased.
The mother's will leaves the property to her daughter.
Her son is the executor of her will. He has not administered her estate. He is still alive.
The daughter has passed away with no will. Her husband has passed away (The son does not know if the husband had a will or not and is not in contact with the husband's children)
The son wants to know what to do with the property.
Posted
Thu, 19 Sep 2024 07:27:48 GMT
by
Adam Hookway
Karen - many thanks for the additional explanation. We can't advise on what to do with the property as that will all depend on the legal nuances around inheritance in the circumstances you refer to.
From a legal perspective the legal ownership forms part of the deceased Mother's estate still as the executor has yet to deal with it. So the Q is what happens to the daughter's beneficial ownership and who does that pass to as she and her immediate next of kin have both died.
You/the son will need legal/wider advice to understand who should now benefit re the property as appropriate
Posted
Thu, 19 Sep 2024 12:41:20 GMT
by
Karen Stiell
Thanks for your explanation.
Can a property be transferred into the estate of a deceased person?
EG: The Transferee would be "The estate of Mrs Y"
Thanks
Posted
Thu, 19 Sep 2024 13:05:37 GMT
by
Adam Hookway
Karen - no as the estate is essentially the belongings, monies and property as owned by an individual.
So if Mrs Y is the sole legal owner and she dies then the property forms part of her estate as a result. There's no transfer of her estate involved and the register will refer to her as the sole legal owner until such time as the estate is dealt with and a transfer by the person legally authorised to do that is provided.
Posted
Thu, 19 Sep 2024 22:04:54 GMT
by
Karen Stiell
Thanks again.
One further question for clarity.
If Mrs Y is already deceased, could a property be transferred into her estate if her estate had not been administered?
The executor of an estate of which Mrs Y (when alive) was a beneficiary was tardy in estate administration and now Mrs Y is deceased. He does not know Mr Y (Mrs Y's spouse) but believes him to be deceased as well and does not know the children if any, hence the question.
Posted
Fri, 20 Sep 2024 06:41:25 GMT
by
Adam Hookway
Karen - nothing is 'transferred into an estate'. Things, including property, form part of someone's estate. It's the legal ownership that is transferred.
I understand the tardiness but it can and does happen with people doing nothing. But as soon as the property needs to be sold, mortgaged or otherwise that's when probate is crucial to allow the executor to then deal with the deceased's property. A chain of representation is there as well to enable the estate to be dealt with when where an executor has themselves then died.
We don;t deal with estates, beneficial ownership and wills for example so I would strongly recommend seeking legal advice as to what has happened re the legal ownership of the property and who now has the legal authority to deal with it. And of course who the executor is legally bound to transfer the legal ownership to.
Posted
Fri, 20 Sep 2024 17:09:20 GMT
by
Karen Stiell
Hi
Thanks for the clarification and your patience in responding to my questions.
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