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Registering owner who has dementia
Registering owner who has dementia
Posted
Sat, 05 Jul 2025 10:05:37 GMT
by
Antonio Valente
Hi
My father died many years ago and he had sole title. My mother didn't change the details on the Land Registry so the house is still in his name.
She now has dementia and is no longer able to make financial decisions. We are now trying to sell the house but the conveyancing firm says the house cannot be registered in her name as she isn't of sound mind. Is that true?
If so, I don't know how to resolve this. Who's name should be on the Registry? Does that mean my mother doesn't actually own the property?
Thanks
Posted
Mon, 07 Jul 2025 05:49:40 GMT
by
Adam Hookway
Hi Antonio - I am sorry to read of the issues you are facing.
When a sole legal owner dies the property forms part of their estate until probate is granted and the executor then transfers the legal ownership as appropriate.
Your Mother may have inherited but not become the legal owner as the estate was not dealt with following his death. This can happen as families rely on inheritance and don't always complete the process re the legal ownership.
Was probate obtained and if so who is the executor?
We are not privy to someone's mental state/health when they are registered as a legal owner and as such you may wish to seek clarity on that point with the solicitor
Posted
Mon, 07 Jul 2025 16:02:34 GMT
by
Antonio Valente
Hi Adam
Thanks for your reply.
I've just got the details from the Probate Office. Yes, probate was obtained and my mother was the executor.
I'll engage a solicitor as you advise.
So, am I able to apply for the property to be registered in my mother's name, under my Legal Power of Attorney?
Thanks
Antonio
Posted
Tue, 08 Jul 2025 13:17:06 GMT
by
Adam Hookway
Antonio - our online assisted guidance explains how you can apply to register the beneficiary -
HMLR Guide: Start - External · HM Land Registry
If you submit the application you too will have to have your identity verified
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