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Posted Wed, 28 Aug 2024 12:58:15 GMT by William Starkey
My mother, who has recently died, was registered on LR along with my previously deceased father. The estate is going to probate and the house will be held in trust whilst my brother continues to live in it as part of my mother's will. Upon his death the property will be sold and the proceeds distributed to 18 trust beneficiaries, ie the grandchildren. I assume that when probate is granted the LR can be registered, via an executor, to my brother. He will not own the property but will be the registered keeper until his death, or the property is sold. Is this the correct way to deal with the issue?
Posted Wed, 28 Aug 2024 13:31:15 GMT by Adam Hookway
William - I am sorry to read of your loss. We can't advise you on the 'correct' or best way to deal with such matters and I would strongly recommend that you seek legal advice and share that with all the beneficiaries and brother for clarity and understanding.
We register the outcome of such deliberations and our online assisted guidance explains what to do in whichever 
As both registered owners have sadly passed you now have options. Probate is definitely needed and then it's a case of what's required re updating the legal ownership. Transfer that to the brother, put it in the name of the executor or something else. But something only the executor/brothers and beneficiaries can decide 
Posted Wed, 28 Aug 2024 13:32:11 GMT by Adam Hookway
HM Land Registry public guidance - GOV.UK (www.gov.uk) - have your say to help us to improve the support we provide 
 
Posted Wed, 28 Aug 2024 13:49:04 GMT by William Starkey
Adam
are you saying that the person who is named on the land registry would actually be recognised as the legal owner even though they may not be? They are in fact holding the registration until a future sale.
Posted Wed, 28 Aug 2024 16:42:32 GMT by Adam Hookway
William - we register the legal ownership so in basic terms, yes. When a sole surviving owner dies the property, namely that legal ownership, forms part of her estate until an executor is appointed and deals with it.
So one option is for the executor to put the title into their own name in the capacity as the executor.
If it's transferred to someone else, for example the brother, then in effect he is the legal owner but he's still restricted by whatever legal arrangements have been made re the trust created by the will, right to live there until he dies, and 18n beneficiaries.
We don;t register the beneficial ownership so the trust and 18 beneficial interests hence the need for you to seek legal advice as to what's best for everyone here and then update the register as appropriate 

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