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Posted Mon, 22 Jan 2024 20:37:20 GMT by S J
Hello, 

In a situation where the sole proprietor of a property has deceased and the name given on grant of probate / death certificate does not match the name given on the title (due to an error on the title), will HMLR correct the name of a deceased proprietor on the title?

Kind regards 
Posted Tue, 23 Jan 2024 07:56:01 GMT by Adam Hookway
Hello S J - if an application is made to correct the name of the registered owner then we would most likely make an additional entry to reflect the amendment.
If they are a sole owner and have died then we are very likely to then ask what next - do you want the executor added in their capacity as the personal representative for example
Posted Tue, 23 Jan 2024 08:09:18 GMT by S J
Hi Adam - thank you for your response. In this case it would be a request (by the executor) to correct the deceased persons name so it matches the name given on the grant of probate, to assist in a sale process. Please advise. 

Kind regards 
Posted Tue, 23 Jan 2024 08:37:18 GMT by Adam Hookway
SJ - I wouldn't expect them to try and amend the register pre-sale as they should be able to provide the buyer with the same and sufficient evidence to confirm that they are one and the same person, albeit now deceased.
If the buyer won't accept that, and doubtless some conveyancers won't, then I suspect you will need to apply to update the register and put it in the name of the executor as personal rep for the deceased
Posted Tue, 23 Jan 2024 08:54:50 GMT by S J
Adam, thanks again. Very helpful. 

Is it possible to have a situation whereby the buyers conveyancer has accepted they are one and the same person, with provision of suitable proof, but HMLR do not agree, so there are issues as the point of completion/ registration? 

Kind regards 

 
Posted Tue, 23 Jan 2024 09:11:39 GMT by Adam Hookway
S J - there's always that possibility but in most cases, where a conveyancer is acting, their assurance (certificate) that they act for the seller/executor and confirm that they are one and the same is often sufficient. And if they submit the copy probate (needed) and their certificate then it's rare for us to take issue.
The possibility always exists as we' have to see what's submitted before we make such a decision 
But the nature of the conveyancing process and perhaps more importantly the lender involved with the buyer, means that they say No until the register is updated in some way. Hence my comments made

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