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Child inherited property - not being added to Land Registry

9 replies

SuperEight · 22/06/2023 19:17

My daughter, 8 has inherited a share in a property. There are 8 names on the land registry.

The executors have advised they won't take any action at the moment and will add her name when she turns 18.

This is in Scotland.

Is this correct procedure?

OP posts:
Isyesterdaytomorrowtoday · 22/06/2023 19:21

Assuming a trust owns her share in the interim? This is correct in that a minor can’t own property in their own right.

will it be liquidated before she’s 18? If not you may want to consider leaving it in trust otherwise it may impact first time buyer mortgages/stamp duty etc

SuperEight · 22/06/2023 19:44

@Isyesterdaytomorrowtoday Thanks so much for your response. Yes that's correct a trust will manage her inheritance until she is an adult. The other names on the land registry are all adults.

Very unlikely it will be liquated.

Should the deceased name be removed and replaced with the trust at this point?

Good point re second home ownership / stamp duty. If her name is added to the Land Registry at 18 will this then become an issue for her?

OP posts:
Isyesterdaytomorrowtoday · 22/06/2023 19:49

Id take some legal advice on it definitely. Who will be living in it? Are they paying the other inc the trust rent? I would assume if her name is added at 18, she will ‘own’ property therefore be precluded from first time buyer incentives etc. I’m not an expert though - worth asking someone questions, depending on the value it could end up with overall negative impact

SuperEight · 22/06/2023 20:12

@Isyesterdaytomorrowtoday distant family members are living in the house under informal arrangement so no rent involved.

Seems like this inheritance will be a headache. I will take advice on it.

OP posts:
IBetGordonRamsayDoesntHaveTheseProblems · 24/06/2023 10:29

I would take some proper legal advice on this - you don't want to find that someone is trying to diddle her out of her inheritance. I'd want a formal record of her ownership.

TeenDivided · 24/06/2023 10:33

Hang on.
If others are living in it then the trustees surely have a duty to ensure they are paying rent on it? That would be best interests of your DD.

Personally I would get it sold / have other buy out her share.

I shared something with cousins for a while. it was a nightmare to sell, too many different opinions.

GoodChat · 24/06/2023 10:39

I think someone should buy out her share too.

TeenDivided · 24/06/2023 11:09

I have a vague recollection that maybe only 4 names can be listed on the land registry. Though I could be totally wrong, and don't know how that works.

So probably best to assume I don't know what I'm talking about on this.

1099 · 25/06/2023 09:57

TeenDivided · 24/06/2023 11:09

I have a vague recollection that maybe only 4 names can be listed on the land registry. Though I could be totally wrong, and don't know how that works.

So probably best to assume I don't know what I'm talking about on this.

I have the same recollection and a quick google revealed this

Under section 34 of the Trustee Act 1925 the maximum number of legal owners (i.e. the registered proprietors) is 4. These 4 can hold the beneficial interest (basically the equity in the property) on trust for an unlimited number of beneficiaries

But I don't know if this is the same in Scotland.

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