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Posted Fri, 20 Dec 2024 17:24:51 GMT by gemma langley
Hello,
My parent passed away and I am the sole executor and beneficiary of the estate which includes the home I currently live in.  Probate has been granted but I am not on the title currently, which also has a restriction on it by Canada Life as there is a small existing Equity Release / lifetime mortgage on the property.  I am 35. 
Is it possible for the title to be updated adding me and removing my parent whilst the equity release charge / restriction is still in place?  Or does the Equity Release need to be redeemed before the title can be updated?
My intention was to remortgage which I thought would enable all requirements to be completed as part of the same transaction - I pay off the equity release provider using the funds raised with my new lender and the title is also updated to reflect my ownership - however the solicitor is advising it cannot all be done as one transaction?
Are you able to give me any advice please?
Thanks!
Gemma
Posted Sat, 21 Dec 2024 06:16:28 GMT by Adam Hookway
Hello Gemma - I would always recommend taking the legal advice provided as they will be aware of the specific details involved and the legal implications.
From a purely registration point of view an application to update the register re the change of ownership, removal of the existing charge and registration of a new one can all happen at the same time. It's no different in some ways to a normal sale/purchase scenario here a seller pays off their mortgage from the purchase monies and the new owner registers their ownership and new mortgage. THere's a sequence involved but all done as a single application.
But as I said the solicitor will be looking at the specifics involved, including the register entries, and advising accordingly

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