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Transfering a property after a death.

(12 Posts)
darumafan Tue 13-Sep-16 14:52:50

My mum passed away in November and left a house to my sister. I am the executor of the will and don't really understand how to transfer the deeds of this property to my sister.

I think that I need to use the form AS1 which is fairly straightforward, the bit I am really struggling with is how much will this cost? The costs will be met from the estate but I still don't want to get it wrong.

Any ideas?

Collaborate Tue 13-Sep-16 15:40:37

You would be derelict in your duty to try and do this yourself.

Get a solicitor to handle it and charge it to the estate.

darumafan Tue 13-Sep-16 16:28:39

Why would I be derelict in my duty? I have had to organise selling mums other house, clear her house in order to sell it, organise the funeral and everything else. Is transferring the deeds very difficult to do?

I'm not being awkward but I honestly don't see why this part of the will needs treating differently.

greengreenten Tue 13-Sep-16 16:33:57

You will need a solicitor to complete an ID form (called an ID1) if you don't have a solicitor acting in the transfer. This is a Land Registry requirement to prevent fraud.
No it's not difficult to yam transfer a property but doing it correctly and getting it registered at the Land Registry needs to be done correctly. The beneficiary will be responsible for registration and they could instruct a solicitor if they wish.

darumafan Tue 13-Sep-16 16:37:38

The beneficiary won't be happy about having to do anything. As I understood the government website, as executor, I'm responsible for doing it. Even more confused now.

greengreenten Tue 13-Sep-16 16:46:15

Have you got a grant of probate? It sounds like the deceased had more than one property?
There are issues such as inheritance tax to consider too?
Shame the beneficiary doesn't want to do anything...but she is getting a house (confused) ah well.

If you really want to do this yourself you could call the Land Registry and ask for their guidance. If the property is registered you will need to send the completed (signed and dated) AS1 with any supporting docs required (a grant of probate and death Cert) with form AP1. If the property is unregistered you (or the beneficiary) will need to register the property and will need to send all original deeds to the Land Registry. Each party signing the AS1 will need an independent solicitor to complete an ID1 if not instructing a solicitor.

Alternatively you could pay a solicitor a couple of hundred quid to do it for you.

CotswoldStrife Tue 13-Sep-16 16:47:31

Sorry for your loss, OP.

I'd have thought it was the executor who was responsible, you'll have to sign the forms.

It may be worth checking if it's registered, you can get a copy of the details fairly cheaply. Is there any mortgage outstanding, if there are any charges on the property you can check that with the Land Registry too.

darumafan Tue 13-Sep-16 16:54:31

I have grant of representation, I am handing everything on my own.

Mum has two houses, one is to be sold and the other given to my sister. The two properties and her estate come under the threshold for inheritance tax.

The property being gifted is registered, mum is the sole owner of it. There is no mortgage on it,it is owned outright.

Could be difficult to get my sister to do anything, she isn't speaking to me and 'can't cope with official stuff'

tubasinthemoonlight Tue 13-Sep-16 17:03:55

Sorry for you loss first of all. When my DH died I transferred our house to my sole name. I was executor of his will. I called the Land Registry office and they were very helpful. They told me which forms I needed and I downloaded them. I would think you could do it yourself no problem, especially if you are able to deal with the rest of the estate.

darumafan Tue 13-Sep-16 17:06:59

Thanks tubasinthe moonlight I think I will give them a call in the morning and see what they say. I've managed everything else pretty well so would rather do this myself if possible.

CotswoldStrife Tue 13-Sep-16 19:01:03

I think your sister will need to sign the transfer form as well - would she be awkward about that? It is to her benefit.

Sorry you have all the administration to do, it's a lot more than people think!

darumafan Tue 13-Sep-16 19:29:27

Hopefully, she won't have to do anything. She has a habit of doing the exact opposite of what I say or suggest.

She wants to inherit her house and share of the money, she doesn't want to be involved in any of the work to get to that point.

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