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Legal matters

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Original poster

Should we have notified the land registry department of my dad's death (6 years ago !)

83 replies

bizzey · 13/08/2023 23:58

My mum is panicking about not having told the land registry department/office of my dad's death 6 years go.

They did not have mirror wills I think is the name .

Dad's half of the house "came " to us (children) as opposed to going to mum .

Will was made official by the bank.
As in we/they didn't do a DIY sort of
Will them selves .

Apparently dad's name should have been taken off the land registry?

I thought it automatically did when he died ?

Mum is getting all her information from friends of friends by the way

Should I do anything?

Sorry for confusion in post ....
Thank you.

OP posts:
Bromptotoo · 14/08/2023 00:33

I don't think you need to worry too much.

From what you've said your parents owned the house as tenants in common with each owning half. Your father's half passed to you/your siblings on his death.

Whoever administered his estate (Mum?) should have arranged for the title to be amended to show that you/siblings had taken Dad's share.

If that didn't happen then I don't think sorting it now is a problem. Speak to a Solicitor or Conveyancer. Best done sooner rather than later as there will be complications if your Mum loses capacity or when she dies,

Original poster
bizzey · 14/08/2023 00:44

Thank you so much for your reply .
I sorted everything out when dad died ...and land registry just did not appear on the " to do " list !

Siblings and I have forgotten that technically we own a bit of the house .

We have never declared it

Brother is on benefits.

OP posts:
Original poster
bizzey · 14/08/2023 00:45

Disability benefits.

OP posts:
AutumnCrow · 14/08/2023 00:51

Were you the executor of the will, OP?

Original poster
bizzey · 14/08/2023 00:52

I was .
For both wills.

OP posts:
Original poster
bizzey · 14/08/2023 00:53

Have I messed up ?

OP posts:
AutumnCrow · 14/08/2023 00:58

Don't panic, OP. It'll be fine - you can check the title with the land registry tomorrow. First things first.

Is your brother on PIP? That's not affected by assets and savings (it's non means tested). It's UC that is affected.

Original poster
bizzey · 14/08/2023 01:04

He is still on DLA .

OP posts:
Original poster
bizzey · 14/08/2023 01:04

Life long disability.

OP posts:
AutumnCrow · 14/08/2023 01:05

DLA is also non means tested.

Original poster
bizzey · 14/08/2023 01:08

Ok.
Thank you

OP posts:
AutumnCrow · 14/08/2023 01:12

Is there a mortgage on the house, or is it owned outright, @bizzey?

Original poster
bizzey · 14/08/2023 01:17

Ohh ..mortgage paid off years ago .

OP posts:
YetMoreNewBeginnings · 14/08/2023 01:19

Does your brother get only DLA or does he also get an income replacement like ESA as well?

Original poster
bizzey · 14/08/2023 01:20

Mortgage with the bank he work with and who did the wills .
And possibly hold the deeds to the house ?
Would that be right ?
They hold something?

We have copies of the wills and maybe dad's now as he has died ??

OP posts:
Original poster
bizzey · 14/08/2023 01:21

Ohh my !!

Big phoneamartharhon tomorrow for me !!

OP posts:
AutumnCrow · 14/08/2023 01:25

@bizzey, have you still got the list of everything you did when you applied for probate? That might be useful.

Someoneonlyyouknow · 14/08/2023 01:28

Don't think it's a big deal but a good idea to update the land registry details. I think you could contact them and ask for advice. You may not even need the expense of a solicitor.

Original poster
bizzey · 14/08/2023 01:34

Didn't do probate I don't think .
There were no assets ...
Just swopped his joint account with mum to mum only name .

He had some insurance that got paid directly to funeral people.Mum cashed in his little life insurance which paid for the funeral.

i doubt it 6k would come under probate region !

OP posts:
YetMoreNewBeginnings · 14/08/2023 01:45

bizzey · 14/08/2023 01:34

Didn't do probate I don't think .
There were no assets ...
Just swopped his joint account with mum to mum only name .

He had some insurance that got paid directly to funeral people.Mum cashed in his little life insurance which paid for the funeral.

i doubt it 6k would come under probate region !

Half a house is an asset worth more than 6k…

Did your father have a will? A legal will that left you and your brother his half of the house?

Original poster
bizzey · 14/08/2023 02:34

Yes .they had wills drawn up together at the same time with a lady from the bank.
I was there,but had to leave the room while she made sure that they were not being coercerd into something.

Dad was very disabled at the time and it seem best to give each of their half straight to us in their will to avoid care home stuff
As opposed to giving each other their other half. .

6k was the little life insurance that dad paid into.

fed his family that came to the funeral that couldn't be bothered to visit him in hospital!

Oppps ..I digress !

OP posts:
YetMoreNewBeginnings · 14/08/2023 02:45

Who is the named executor?

Does your brother get any other benefits except DLA? Anything like PIP? what about housing benefits?

Original poster
bizzey · 14/08/2023 02:50

I am named executor .
Can't get DLA and PIP !

OP posts:
Original poster
bizzey · 14/08/2023 02:51

They are the same just different names !

OP posts: