Voluntary Registration

Hi I’m after a steer here please. In 2013 my mother passed away and both her and my dad were tenants in common. Her 50% share passed into trust with my brother and myself as trustees. My brother and I are sole beneficiaries on my dad’s will. When my mother died as far as I can tell, nothing was registered with the LR and as the property was last sold in 1961, the is no title registered. We have the deeds and plan to start voluntary registration proceedings with a local solicitor. Would this be advised or could all of this be handled when the inevitable happens with my dad (he’s 93) and my brother and I sell the property on? I also assume that the nil rate band for the property for both my mum and dad will be passed on and both her and his allowance for IHT purposes? Total estate will be around £550k including property. I also unsure why the solicitor at the time when my mum passed did not get the title registered then? Many thanks.

Hi Justin - we would always recommend using a conveyancer simply because they understand the registration process, forms and requirements. They can also offer wider legal advice as appropriate If you registered now in your Dad's name it would be a voluntary first registration.<br> If you left it as is, and continue to rely on the original deeds/documents, it's very likely any buyer would ask you to register first before they were willing to exchange/complete. Not always but often the case especially if a mortgage is involved. Any registration after Dad's passing would be a compulsory one.<br> We don't deal with IHT or CGT - that would be HMRC. Try HMRC or if you are looking for online advice try Money Saving Expert or similar forums