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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10585
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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My younger brother and I are executors of the will ofmy late

Resolved Question:

My younger brother and I are executors of the will ofmy late elder brother's will.
WE have obtained probate.
He had owned the property in which he lived but had signed a legal agreement with his daughters that provided that while he retained ownership of half of the property and could continue to live there until his death, the remaining half was in fact owned by his two daughters and their half-sister.
The property is unregistered.
Before passing on the property to the three sisters and the beneficiary of the estate (a subsequent wife), do we need to register the property with Land Registry ?
What is the procedure for transferring the property to the three sisters and the beneficiary ?
I hope you can help.
Ray Wright
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.

Hello and thanks for using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

You won't need to register the Deeds at the land Registry before registering the transfer to the 3 sisters and beneficiary, as this can all be done at the same time.

Basically, a Land Registry Assent document (called an AS1) will need to be signed by you and your brother, as Executors, transferring the property to the 3 sisters and beneficiary. This document is then sent off to the Land Registry, with the appropriate fee, and first registration will then take place.

I hope this sets out the position to you but please let me know if you have any further queries.

Kind Regards

Al

Customer: replied 2 years ago.

Thank you for your prompt reply to my enquiry.

Since the beneficiaries intend to sell the property forthwith with vacant possession, is there any way in which registration can legally be delayed until the conveyancing of the property to an eventual purchaser takes place. This would perhaps avoid double payment of Land Registry fees for what is essentially one transaction.

Ray Wright

Expert:  Aston Lawyer replied 2 years ago.

Hi Ray,

If the property is to be sold, then there is no need to register the Deeds at the Land Registry beforehand.

You and your brother can sell the property as Executors, and your Solicitor will just provide the Buyers Solicitor with a copy of the Probate and the original Deeds on completion, and the Buyers Solicitor will then apply to the Land Registry for first registration, when registering his client as the new owner.

I hope this clarifies maters.

Best Wishes

Al

Customer: replied 2 years ago.

I am sorry to have to come back to you but I want to be quite clear on the procedures involved.

The intention is to transfer the property to the beneficiaries who will then themselves be in a position to sell the property.

At what stage is there a legal requirement to register ?.

And, is there a procedure by which the property can be transferred to the beneficiaries, prior to their selling, without the need to register it prior to the sale ?

Ray Wright

Expert:  Aston Lawyer replied 2 years ago.

Hi Ray

If the property is to be transferred to the beneficiaries, the Deeds will then need to be registered at the Land Registry.

There is no set limit between Executors "holding a property" before selling- if the beneficiaries intend to sell as soon as the property is registered in their names, there is absolutely no point in registering the Deeds in their names in the first place.

If there is going to be a gap of say over 6-12 months between the transfer and them selling, it would be wise to get the Deeds registered at the Land Registry in the interim.

Hope this helps.

Kind Regards

Al

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