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Transferring land from deceased parents' name into beneficiary's names

(7 Posts)
judydoes Fri 02-Jan-15 10:29:54

I am stuck , can anybody help point me in the right direction, and/or tell me what I need to do next?

I'll try to keep this short and concise.

We have a good family friend who is borderline illiterate, and I offered to help him deal with a matter and I am now stuck, because every time I speak to someone 'official' they tell me different things.

This man's parents are both deceased. His Mother's will is missing. He he has death certs for both parents.

His Father's will states that a piece of land is left to him and his Brother. My task is to sort out the matter of getting this piece of land transferred into my friend's and his Brother's name.

I have telephoned the land registry and was advised he/his Brother needed to fill in an ID1 form, an AP1 form and an AS1 form. I have done this. When I was told about these forms I asked did I need a solicitor or a probate and I was advised no.

When I telephoned the land registry back to double check I had the correct address to send the forms to, I was told I DO need a probate. Is this the correct information?

I spoke to a probate office just before the xmas period and the person I spoke to was very confused and confused me even more than I already was. I emailed a copy of the letter of consent signed by my friend and his Brother so she could talk to me and she kept saying 'I don't think you need a probate', then ' come in and see us bring your friend and his Brother'. Then she said she'd call me back and didn't but to be fair, it has been a holiday period.

I am wary of getting this right because I know some offices/institutions have their own agendas and will advise you to use legal advice even if you don't require it, costing you more money.

Can anybody advise me at all please?Sorry for long post or if I need to include more specifics.

Mumblechum1 Fri 02-Jan-15 12:28:50

Did the mum die before the father?

Was the land held in joint names?

Frankly, if the land is worth more than about £500 your friend would be silly not to get a solicitor to do the job properly. If you mess it up it will potentially cost thousands in legal costs to get sorted out in the future.

judydoes Fri 02-Jan-15 13:37:52

Thanks for replying Mumble. Yes, she died about 12 years ago, Father only 2 years ago.

And yes it was in both their names.

Do you mean a solicitor to do the whole job? He absolutely won't do that.

If I need to involve probate, as in no other way of doing it then I just want advising on what exactly I do as nobody seems to be able to tell me!

And if It's required then It's required-I can put that to him. But he knows a solicitor for the whole job, isn't, he just can't do it himself and neither can his Brother.

How exactly could it be 'messed up'? The land registry won't accept a form if It's not filled in absolutely correctly, for example.

Ladyflip Fri 02-Jan-15 13:45:10

You will need to get a grant of probate. I don't know how as a member of the public you do that direct with the probate registry because I am a solicitor and am able to apply on behalf of clients.

I really recommend you get a solicitor to deal with this for you. Yes, there are fees to pay, but most would do it on a fixed fee. Why won't he instruct a solicitor?

judydoes Fri 02-Jan-15 13:56:04

Thank you ladyflip. I will download the forms then, I know which ones I need.

He's a very introverted person. This matter has been outstanding since his Mother died as his Father wanted the land transferred there and then but neither of the Brothers would cooperate. I even offered to sort out the whole matter for them and all they'd need to do is the final solicitor visit.

Thanks again for both replies.

Mumblechum1 Fri 02-Jan-15 14:02:57

As Ladyflip says, your friend needs to get a grant of probate. https://www.gov.uk/wills-probate-inheritance/overview.

The Land Registry don't give legal advice and so you can't simply say that just because they don't reject a form that everything's OK.

I know you're trying to help your friend and that he is for whatever reason reluctant to simply pay a solicitor to get the grant and deal with the transfer, but to be honest, if there is any error made, you may be held accountable if you are acting on behalf of your friend.

Remember also that the executorship expenses associated with the implementation of your friend's father's will are to be taken from the estate, so it isn't costing him or his brother anything directly - I presume that there are other assets other than the land?

judydoes Fri 02-Jan-15 15:17:22

Thank you, I will have time to look at the forms this afternoon.

I will also put it to him tomorrow that I am concerned, and a solicitor may be the better way. I have a feeling I know what his answer will be. I will be as careful as I can. I have a close friend who is a solicitor too, I will enlist his help before I get anything finalised.

There are no other assets, all others were dealt with upon the death of his Father. This is the only thing outstanding.

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