Property Solicitors and Probate by Ford Banks Irwin Solicitors - The Property Lawyers in Manchester
Please note: Not to be used or relied upon without legal advice. These notes are for illustrative purposes ONLYProperty Solicitors and Probate
How to find out whether the deceased owned any land?
In most cases the person who died will have Title Deeds for any Property he or she owned. These Title Deeds might be at home, or held for safe keeping by a Solicitors or Bank. If the Property is mortgaged then the Lender will usually hold the Title Deeds as security. If the Property is not registered, the Title Deeds will consist of a collection of Deeds and Documents which include the deed of the Property to the deceased. If the Property is registered and there have not been any alterations to the register after October 2003 the Title Document will consist of a Land Certificate, or Charge Certificate if the Property is mortgaged. If there have been alterations to the register after October 2003 the Deeds will consist of a Title Information Document.
If you would like to find out what Registered Properties the person who has died owned or to see a copy of any register please contact any Property Law Solicitor or Conveyancer. The Solicitor will make an application to HM Land Registry on your behalf.
In what ways can Personal Representatives deal with the estate?
By Law, Land Registry always has to assume that personal representatives are acting within their powers. The Land Register are not empowered to investigate whether any transfer is in accordance with a Will or the rules of Intestacy.
Personal Representatives might:
*become the registered owners in their capacity as personal representatives
*transfer the Property to the beneficiary (or to the executor as trustee) by a Deed called an Assent (the Property Law Solicitor can do this for you without first registering you as the owners)
*transfer the Property to someone else in their capacity as personal representatives
*discharge a Mortgage if the deceased was the Lender
Death of the owner of a registered Property:
Registration of the personal representatives: Personal Representatives can become the registered owners of a Property. This option might be used if, say, the beneficiary of the Will is under age. In this case, the Personal Representatives become the registered owner, but only as personal representatives of the deceased.
The Solicitor or Lawyer will need to send the Land Registry:
*completed form
*original or official copy of the Grant of Probate / Letters of Administration
*the fee
Once the Personal Representatives are registered as owners, they can later transfer or assent the Property. In many cases the Executors of the deceased will be Solicitors or Lawyers.
Registering the beneficiaries of the estate (assents): The beneficiaries of the Estate can also become the registered owners.
In this case the Solicitor or Lawyer will need to send the Land Registry:
*completed form
*completed assent
*original or official copy of the Grant of Probate / Letters of Administration
*the stamp duty land tax certificate
*the fee, if applicable.
Transfer to a third party: The Solicitor or Lawyer will need to send the Land Registry:
*completed form;
*transfer deed;
*original or official copy of the Grant of Probate / Letters of Administration
*the stamp duty land tax certificate
*fee
Discharge of Mortgage where the deceased was the Lender: The Solicitor or Lawyer will need to send the Land Registry:
*completed form
*DS1
*original or official copy of the Grant of Probate / Letters of Administration
Death of a Joint Proprietor:
The Solicitor or Lawyer will need to send the Land Registry:
*completed form
*evidence of death (the original or official copy of the death certificate, the grant of probate or letters of administration)
Death of an owner of an Unregistered Property:
Where the deceased is the sole owner or last surviving joint owner: An assent or transfer by the Personal Representatives means that you will have to apply for first registration of the Property.
Where the deceased is a joint owner and at least one other joint owner is still living: Your Solicitor or Lawyer need not involve the Land Registry, but you can register the Property voluntarily if you so wish. Your Property Law Solicitor or Conveyancer can advise you on this issue.
Unfamiliar terms explained:
*Assent - the transfer of Property by the Solicitors for the Personal Representatives of a deceased landowner who transfer Property to the person entitled to it, supported by the grant of probate or letters of administration.
*Administrator / Administratrix - the representative of someone how has no valid Will
*Beneficiaries - those entitled to benefit under a trust or Will
*Executor / Executrix - the representative of someone how has left a valid Will
*Letters of administration - the document appointing an administrator
*Letters de bonis non admistradis - when an administrator dies without a valid Will, this document is needed for his or her administrator to deal with the original estate the first administrator was dealing with
*Personal Representative = a collective term meaning either executor or administrator
*Probate - the document appointing an executor.
(All italics in this page are Crown Copyright and reproduced here for your information with permission from HM Land Registry)
Placing the deceased Property in an Auction:
Many Property Law Solicitors and Lawyers are asked to prepare an Auction Pack for Properties that are to be sold by Personal Representatives at a Property Auction.
The Solicitor or Lawyer will liaise with the Personal Representatives to choose the searches to be included in the Property Auction Pack.
The Solicitor or Lawyer will complete the sale of the Property following the Auction and place the sale proceeds with the Personal Representatives. The Personal Representatives can then distribute the funds in accordance with the Will.
For any further information please contact Ford Banks Irwin Solicitors.