Sale permissions and property ownership

Sale permissions and property ownership

Did the deceased actually own all of the property?

One issue which can prove disappointing is where the deceased either no longer owned the house, perhaps having sold it in full or part to get more income or capital. Or they could have taken out Equity Release for the same reason and only own part of the property. Some people’s expectations will sadly be disappointed. Or they owned it jointly with another person who may automatically inherit full ownership irrespective of any Will.

Check the title and locate the deeds – it could be a surprise

If the property is registered with the Land Registry, this should be a relatively straight forward matter of downloading a copy of the official copy title entries and the title plan. Check that the property is in the deceased’s name, watch out for joint owners and mortgages and that the plan shows the full extent of the property. You may discover that there is more than one title, that there is an equity release mortgage or even that the home is no longer owned.

If it is not registered, perhaps the deceased had owned it for many years, you or your solicitor will need to find the original copies of the paper title deeds. They may be held in safe custody by the solicitor or bank, or with the deceased’s papers at home. Once found, it is a good idea to get the property registered at the Land Registry – this is known as a ‘Voluntary First Registration’. We can certainly point you to someone who can help with that, and or the application for a grant of probate.

To download our full guide to Selling Probate or Inherited Property, click the button below