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Thomas
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7626
Experience:  UK solicitor holding an England and Wales practising Certificate.
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How do i gift my property to my 2 sons? I have not yet

Resolved Question:

How do i gift my property to my 2 sons? I have not yet registered the house in myname; I inherited it from my mother
Submitted: 1 year ago.
Category: Property Law
Expert:  Thomas replied 1 year ago.

Hi,

Is your mother then only registered owner of the property on the land registry title?

Is there a reason why you have not registered it in your name?

Tom

Customer: replied 1 year ago.
a) Yes, my mother is the registered owner of the property on the land registry title(b) I haven't yet registered it in my name, because : I want to buy the leasehold (whichis currently 950ish years) and am not sure how to go about it : I feel it would be easier if the property was simply transferred from "mum" to "sons" on the leasehold- I'm possibly wrong, though : I am wary of registering the property to my name, mainly because I have readthat the gvt is selling off the Land Registry office, and I don't want to get lost in the system as such : And finally, I absolutely loathe burocracy - It scares me rigid and am frightened of making a mistakeJill
Expert:  Thomas replied 1 year ago.

Okay.

When did your mother pass away?

Is there a mortgage on the property?

Tom

Customer: replied 1 year ago.
Mum died February 2013, and the property is mortgage free for...oh..25 years? It was paid off before my dad died in 1988.
Expert:  Thomas replied 1 year ago.

Okay.

Did you obtain a grant of probate?

Customer: replied 1 year ago.
Expert:  Thomas replied 1 year ago.

Hi

Thanks for your question. I will try to help.

Basically, because more than 2 years has passed since your mother has passed away you cannot not carry out a legal variation to the Will.

This means that you must inherit the property, rather than backdating to the will to cut out it passing to you.

However, because there is no mortgage on the property it will be fairly straightforward for you to now transfer the property to your sons provided that you have the grant of probate. The land registry are good with simple registrations of transfers like this when they are submitted electronically by a solicitor under the Land Rgeistry’s Document Registration Service.

If you were to attempt to do this yourself then it would be time consuming and tricky because you would have to apply to register by post, which can take a lot longer any way but even more so because you may have to correct an error in the application which the land registry write to you about.

Additionally, the lease will probably require a notice of transfer to be served on the landlord and/or managing agent and the solicitor can check in this regard.

A solicitor would charge in the region of £350 + VAT to arrange the transfer, register it via document registration at land registry and to serve any required notice and this is really what you should do if you wish to avoid delay and hassle.

My goal is to provide you with a good service. If you feel you have received anything less, please reply back. Please remember to leave positive feedback using the stars at the top of the page.

Kind regards,

Tom

Customer: replied 1 year ago.
basically..I need a solicitor to email Land registry with all the relevant documents for my name to become registered owner as such, and then the same procedure for my sons? Or is the "Gifting" bit another transaction? Do I have to use a solicitor who specialises in any particular field, or may I use (not quite the right term, I realise) our own familly solicitor, who's helped 3 generations of us make our wills? I'm not not sure what she specialises in, in particular, but I know she doesn't do criminal cases as such. Thanks so far for your help, you've been very clear and concise.
Expert:  Thomas replied 1 year ago.

Hi,

If you want to avoid potential adminstrative delays (as you have stated) then you need to instruct a property solicitor.

They will arrange the transfer of the property to your son's by way of gift and give you the required pre-tranfer advice.

You can try to instruct your family solicitor, but I would check that they have access to Land Registry Document Registration Service to aid the quick resgitration of the transfer at Land Registry once the transfer has completed.

Please do remember to leave positive feedback using the stars at the top of the page.

Tom

Thomas and other Property Law Specialists are ready to help you
Customer: replied 1 year ago.
Gotcha. Now I understand the procedure more fully, I'll call my familly solicitor, check she has all the rightn accesses, as you have advised and go from there. Thank you very much indeed - I shall give you 5 stars, and hope you have a pleasant dayJill
Expert:  Thomas replied 1 year ago.

Hi Jill.

Thanks. You're welcome.

Good luck

Tom