Solicitor stalemate

[Tasha1989]

Just wondering what happens in a solicitor stalemate?!

We have a solicitor who is really on the ball. Answers emails within minutes (miraculous) and has a great rep. As soon as she got draft contracts she raised enquiries as one of the sellers (joint proprietor) had sadly passed away a few years ago and land registry hadn’t been updated. Our solicitor advised us it’s a simple free 5 min form for the seller’s solicitors to update land registry ahead of exchange. They have refused, saying it’s unnecessary, and telling our solicitor she should just file the death certificate after completion. She insisted this is not law society protocol, and they would need to do it.

Months on, nearing exchange, the seller’s solicitors have still not actioned it, and are refusing to, now citing the time it would take to change with land registry (though my solicitor thinks if done online, it would come back the same day). My seller’s solicitors haven’t been reliable - they lied about not receiving enquiries and generally seem to do the bare minimum (and they’re a firm who famously do not get great reviews). So I’m not sure what to do. The seller and I have good communication and they are very reasonable, and I don’t want to lose the sale, but I feel like I have good reason to trust my solicitor more on this. AIBU? Where do we go from here?!

The seller instructs their solicitor. Tell your seller what the problem is and get them to instruct their sol to do it. They're paying.

I have done this. Their solicitor still refuses to do it, and is advising them it’s unnecessary. The seller understandably is taking advice and guidance from their solicitor. Arguably they could just instruct us to tell our solicitor to do what their solicitor is advising. Hence the stalemate

I've had a quick Google and I'm fairly sure this is the form that needs to be filled in:

https://www.gov.uk/government/publications/deceased-joint-proprietor-djp

I looks to me like it should have been done soon after the death, but also like it doesn't need to be done by a solicitor. Looks to me like the sellers could just do it themselves - that seems like the easiest way forward to me.

I can't see how you could buy it before it's sorted. Surely from a legal standpoint until this is sorted they're still a part owner of the house who needs to be involved in the sale?

Thanks - you’re right, it’s that form. And there’s an electronic version to make it easier. I think it does need a conveyancer to do it, though. I can’t fathom why the seller’s solicitor won’t just do it (other than they have done the bare minimum for lots of other bits of our transaction). I asked them, if they were arguing that this wasn’t necessary, what guidance they’re using - but they just keep repeating ‘it’s not necessary’.

It states:

"If you are a conveyancer, (a qualified legal practitioner, as defined in rule 217A Land Registration Rules 2003),
some sections have additional guidance or alternative questions for you to answer"

So the sellers can fill it themselves as long as they have the death certificate or copy of probate and just ignore the extra bits for conveyancers

Thanks, yes. The problem is if we use the paper form, it will take an unknown amount of time to update, and we both want/need to complete as soon as possible, not least for the sake of not losing my buyer or the seller’s onward chain. I think the online form requires a conveyancer (cos they need to be signed up to use the portal)

I did this myself back in May and it took two weeks. I filled in the form, sent it off with the death certificate, they returned the death certificate shortly afterwards and then I received an amended copy of my title deeds.

My husband passed away 8 years ago, no need at all to change it unless you want to sell.

To be honest, the seller or the seller's solicitor could do it. Your solicitor also could do it when they come to apply to update the register to show you as the new owner. However, they would need to have the original Death Certificate and Probate to submit to the Land Registry, though it's all submitted online, so the certificates could be returned to the seller afterwards. It's not so much of a stalemate, but more that your solicitor feels it should be done by the seller and the seller thinks it's better to do it in one go at the end. In the end, if your solicitor won't proceed without it, then the seller is going to have to sort it out.

I am currently doing probate for my mother who recently passed and I've discovered that her house still has my dad's name on the title and he passed 30 years ago.

Sending an application to Land Registry to remove the deceased person (form DJP) is usually very quick and I don't believe it cost much at all the last time I did it (used to work for a conveyancing solicitor).