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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10227
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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Having had a land Deed gifted to me in my fathers' Will, what

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Having had a land Deed gifted to me in my fathers' Will, what do I need to do? I have the Deed and some other paperwork relating to planning permission on the land but have no idea what I am required to do to register/change ownership.
Can this be done by me, or do I need to contact a solicitor to act on my behalf?
Submitted: 1 year ago.
Category: Law
Expert:  Aston Lawyer replied 1 year ago.
Hello and thanks for using Just Answer.
My name is ***** ***** am happy to assist you with your enquiry.
Could you just confirm that you have been left the land,by way of a legacy in your Dad's Will? Who is the Executor of the Will?
You say you have the Deed- do you have the Deed (called a Conveyance) showing that your Dad purchased the land in 1974?
I look forward to hearing from you.
Al
Customer: replied 1 year ago.
Hello Al
My father's Will (scan15.pdf attached) states under Gift of Real Estate, "I give to my son Peter Ernest James Lovegrove free of all taxes and death duties my property known as plot 16 Luscombe Farm, Bovey Tracey Devon."My father sent to me, some years ago, the documents for the land including the document entitled 'Conveyance' (scan11.pdf attached).My sister was named as first Executor to my father's Will, and I was named as replacement should she be unable or unwilling to act.During scanning these documents to send to you, I have also found some others that may be of interest. These are scan12.pdf and scan14.pdf which seem to relate to local land charges.I hope that this is the information that you need and are useful in helping.
Kind regards
Pete
Expert:  Aston Lawyer replied 1 year ago.
Hi Peter,
Thanks for your reply, with attachments.
Well, this is what needs to be done-
1. Kim needs to apply to her local Probate Registry to obtain Probate.
2. Once Probate is granted (which is evidence that she has the power to deal with your Father's Estste), she will need to instruct a local Solicitor to prepare the necessary Land Registry document transferring the plot to you. This document is an Assent (called AS1).
3. The Assent is then lodged at the Land Registry, together with the Probate and Conveyance. The Land Registry can then register you as the new owner of the plot.
I hope this assists and sets out the legal position to you.
Kind Regards
Al
Customer: replied 1 year ago.
Hi AlThanks for the quick reply.
Here is the issue, My sister and I do not see eye to eye.
Until I told her what dad's wishes were regarding his funeral (as laid out in his Will) she was prepared to do what she wanted (a burial).
She does not believe in Wills and she refused to even acknowledge that dad had even had one drawn up. I had to contact the firm my father used to obtain a copy.
I am sure she has not even obtained probate, let alone be willing to instruct a solicitor to complete the necessary documentation.
Should I instruct a solicitor to act on my behalf rather than hope that she will do what I ask (as in your last reply)? or do you think that will make matters worse and not be to anyone's benefit.Thanks
Pete
Expert:  Aston Lawyer replied 1 year ago.
Hi Pete,
Well, as Executor she is under a duty to comply with your Father's wishes and deal with his Estate in accordance with the Will.
You may indeed need to instruct your Solicitor to advise her of this.
If she does not wish to act as Executor, she can renounce her position by signing a simple form called a Deed of Reninciation and then you, as beneficiary can then apply to be Administrator of the Will, enabling you to deal with the Estate in place of your sister.
Good luck!
Best Wishes
Al
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10227
Experience: Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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