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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34233
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I am the personal rep. The testator died leaving a half share

Customer Question

I am the personal rep. The testator died leaving a half share of a property which he owned with another person who is now incapacitated. Can I transfer the testator's half share to the beneficiary? If so what do I need to do?
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question. My name is XXXXX XXXXX I will do my best to help you but I need some further information first.
Does the beneficiary have mental capacity?
have you obtained probate?
Clare
Customer: replied 3 years ago.

I am the beneficiary and yes I have mental capacity.


Yes I have obtained probate.


 


 

Expert:  Clare replied 3 years ago.
Hi
My apologies - I meant is the joint owner mentally capable?
Clare
Customer: replied 3 years ago.

No he is in a coma,

Expert:  Clare replied 3 years ago.
Hi
Has anyone been appointed to deal with that persons financial affairs?
Clare
Customer: replied 3 years ago.

Everything has been dealt with except this property.

Expert:  Clare replied 3 years ago.
Hi
Sorry I meant has anyone been given the power to deal with the financial affairs of the person in the Coma
Clare
Customer: replied 3 years ago.

No. He recently had a brain hemorrhage.


 

Expert:  Clare replied 3 years ago.
Hi
Is someone going to take over his affairs?
Clare
Customer: replied 3 years ago.
He has children of age to do so but I don't know if they will.
Expert:  Clare replied 3 years ago.
Hi
Without wishing to be tactless is he likely to survive for any length of time?
Clare
Customer: replied 3 years ago.
He might but be unable to recognise anyone.
Expert:  Clare replied 3 years ago.
Hi
The difficulty is that to transfer it into the joint names of yourself and this person the easiest option involves the joint owner - or his representative - signing the necessary paperwork.
If this is not possible then there are two choices - the first is simply to wait until someone does arrange to deal with his financial matters,
Otherwise you can sign the AS1 and send a Medical Certificate to the Land Registry confirming that the other owner is not fit to sign the paperwork
I hope that this is of assistance
Clare
Customer: replied 3 years ago.

The only option would be for me to sign the AS1. How can I obtain a medical certificate to send to the land registry?

Expert:  Clare replied 3 years ago.
Hi
Is there any reason why you cannot wait?
What contact do you have with the family of this other person?
Clare

Customer: replied 3 years ago.
The testator died in 1998. D (the other joint owner) has delayed signing every document. He recently decided to sell then had the stroke before anything more can be done. I just want to resolve this ASAP. I also want to sell.
Expert:  Clare replied 3 years ago.
Hi
What is your relationship with D and is he generally resident in the property?
Clare