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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:
girlygirly · 16/08/2023 15:02

In a similar situation. We were told that dad's half of the house is owned by his estate. You need to be aware of the tax implications for CGT if you don't live in the house but own part of it until you come to sell it. Hence the reason we haven't yet signed it over.

SlicedPickles · 16/08/2023 15:47

LandRegRep1862 · 16/08/2023 14:27

Many thanks but all I can do is repeat that there was no probate required for Dad’s beneficial share of the property.
The legal ownership did not form part of his estate so no probate and no failure on OP’s part.
PG 24 deals with private trusts but I’m unclear as to the point(s) you are making.
Hopefully the OP has what they need re understanding now and can update here as appropriate.

You don’t know how they held the property so you can’t conclude it didn’t form part of their estate.

SlicedPickles · 16/08/2023 15:50

LandRegRep1862 · 16/08/2023 14:27

Many thanks but all I can do is repeat that there was no probate required for Dad’s beneficial share of the property.
The legal ownership did not form part of his estate so no probate and no failure on OP’s part.
PG 24 deals with private trusts but I’m unclear as to the point(s) you are making.
Hopefully the OP has what they need re understanding now and can update here as appropriate.

My point was there will be a form B restriction if it’s held TIC.

Should we have notified the land registry department of my dad's death (6 years ago !)
LandRegRep1862 · 16/08/2023 17:10

SlicedPickles · 16/08/2023 15:50

My point was there will be a form B restriction if it’s held TIC.

Understood although a form B is generally only applied for in very specific cases. The restriction most associate with TIC is the form A as it includes severance for example. A form B is more associated with a specific trust deed/arrangement rather than say a severance or wills leaving shares to beneficiaries.
Not seemingly yet relevant to OP but linked to the wider posts re TIC and how a property might be held

bizzey · 16/08/2023 23:00

Ohhh boy !!
I have got loads to read !

Sickness anxiety is kicking in now !

I have mums will
But dad's was the same .

Probate registry for dad was done for the estate of Mr dad.

Bank are named.

And me.

We did what was in his will ..

Any monies he had was to go to his funeral...before paying off any debts .

That happened .
(A grand total of 2350 !)

We thought that by doing the split inheritance....it would mean ...that if the other spouse had to go to care home ...only 1/2 house could be used....

We were so not wanting to do anything dodgy ..
Just my mum and dad wanted to give us something after all their hard graft they did for us ..

Contrivitual I know ?

We are just some people ...who were not best advise

OP posts:
bizzey · 16/08/2023 23:10

Might have missed out an important bit ...?

Bank are exes as well ?

OP posts:
AppleDumplingWithCustard · 16/08/2023 23:33

I didn’t tell them when my mum died in 2009 nor when my dad died in 2018. I just sold the house. I was sole executor and sole beneficiary.

AnSolas · 17/08/2023 06:41

bizzey · 16/08/2023 23:10

Might have missed out an important bit ...?

Bank are exes as well ?

Yes it is as for an executor there can be liabilities sttached to not doing probate correctly. So the bank will want to make sure that the job is done correctly (usually by them) and they usually charge a fee similar to what a solicitor would be paid

If you closed out your dads accounts using a death cert and this did not prompt anything i would phone around for a solicitor to go over your dads will because the bank needs to know that what you have done so far was correct.

plus if your mum is in agreement she changes her will to remove the bank and add a second or third person she trusts (in case you cant act at the time of her death) to be exec.

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