Transferring property ownership

[Onwhitehorses]

Can anyone help with a query about probate/property/Land Registry please?

DH's Mum died last year. MiL and FiL were tenants in common (50% each) and DH inherits her half. FiL has a right to remain in the home but ill health now means that he will have to sell up and will probably move in with us. DH was executor of his Mum's will and now has the grant of representation.

Can anyone help with how we transfer the half ownership to DH please or even if we have to as the property is being sold? I've looked on the .gov website and am now very confused. Do we need to fill in the form for when a joint owner dies, the form to transfer to a beneficiary, (which looks really complicated) and the form called 'whole of registered title: assent'?

We have both managed probate for our respective parents without problems (my Mum died recently too), but I'm completely flummoxed by this part of the process and I sold my Mum's house after her death (there was only her I and I was the sole beneficiary) so didnt do this part of the process for her estate. Thanks so much in advance.

I would have thought the sale agreement is between (1) FIL and (2) the executors for the mother's half and on the other part the buyer, I fyou transferred to DH first by way of gift from father in law that might cause more complications for tax and future care home issue purposes. However might be worth consulting a solicitor on it. If you are inScotland however it may be different.

Thanks very much Xenia. Sorry I dont think I explained it very well. One half of FiL's home (MiL's share) was left to DH (as FiL and MiL were tenants in common) and it's just DH's half he needs to know what to do next with. So can the house be sold and DH give the grant of representation to the lawyer who will transfer ownership to a new purchaser without DH needing to remove his Mum from the register and put his on? I think you're saying that's what can happen if I understand correctly....or does DH need to register that he is now a half owner of the house before it can be sold? Does that make any sense at all? FiL will keep his half until the house is sold either way and then use it to either buy near us or to add to our pot (we are moving too!) and we'll buy something all together.

Apologies if that is as clear as mud!

You don't need to transfer into the name of the person who inherits first as car as I know. Instead the sale is from "the executor of XYZ deceased person" (and the co-owner who is not changing - the father in law).

The solicitor who does the house conveyancing once you find a buyer can advise although it would be best to be 100% sure on the point before putting it up for sale in case buyers are put off by an exectuor sale in case there might be disputes between heirs I suppose but I doubt it would be a problem. We sold our father's house when he died and buyers did not seem to be put off.

I am a qualified solicitor and practise in conveyancing.

You do not need to transfer the property first.

As far as FIL is concerned does he have mental capacity?

If so, FIL will be the seller for the contract (he is the surviving legal owner). Your husband will be added as a co-Trustee as the ILs held the property as tenants in common (so there have to be two signatories). The second signatory could be anyone FIL appoints, but is easiest to be DH as he is the Executor and would eventually inherit that share.

You can transfer the property first if you wish (you would need form TR1) but if you are about to sell there is no point - you can sell without doing so and it would just waste your time and money (you have to pay to change the title) when it can be done straight on sale.

Thanks so much, really appreciated. As to the mental capacity question, that's very up in the air at the moment as FiL is being investigated for confusion and memory loss, currently looking like it may be a brain tumour. Hence wanting to sell the house so he can be with us DH has POA.

Thank you again.

Sorry to hear that. If it comes to it your DH will sign as Attorney (so the contract will be in FIL's name but with your DH signing instead). They will most likely say to have a separate co-trustee for the sale - as it can be anyone they may suggest you just to sign on the transfer as well so there are still two signatories but your solicitor will be able to sort that.

Thanks again CornishMaid and Xenia, our heads are a bit all over the place so it has been really helpful to have this clarity