Skip to main content
Posted Sun, 26 Nov 2023 14:18:08 GMT by Bhavna Gami
Just need some guidance on how to update land registry

Background
My parents jointly owned a property without mortgage in London. My mum passed away about 6 years ago and in her will she left her 50% share equally to her 4 children, one of them myself. My father is still alive and owns the rest of the 50% of the house. We have been granted probate. My father now wants to sell the house, but of course can't as the land registry has not been updated with the beneficiaries.

Questions:

1. Do we need to update land registry before the sale of the property?

2. Can the property be sold and then my dad cab give us our share?
 
Posted Sun, 26 Nov 2023 14:24:47 GMT by Adam Hookway
Bhavna - 1. No as the sale can be completed by your Father. If they protected the trust created by their 50% split be registering a form A restriction, then the transfer (sale/purchase) can be completed - see PG 21 section 6 for guidance on how that may be done. Please do speak to the conveyancer acting on the sale to confirm
As your parents both owned the property probate would not be needed for your late Mother in order to deal with the property. It does not form part of her estate although you may have required probate for other purposes.
2. Once sold the proceeds of sale can be divided as appropriate and according to the trust/will - that is not something we are involved in so if you are unsure on how to divide the proceeds of sale then please seek legal advice
Posted Sun, 26 Nov 2023 14:40:45 GMT by Bhavna Gami
Adam, thank you very much for getting back to me. Really appreciate you getting back to me

The solicitors who applied for the grant of probate quoted me over £1000 to get the land registry updated even after I informed her that my father actually wants to sell the house.

 
Posted Mon, 27 Nov 2023 09:37:02 GMT by Adam Hookway
Bhavna - that's not an unusual fee for making such an application if that's what is needed/advised. Worth 'shopping round' as well in such cases to get other quotes/options considered

You must be signed in to post in this forum.

Sign in