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Joshua
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 30008
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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My husband Ian passed away on 29th september this year He

Customer Question

my husband Ian passed away on 29th september this year He had no will I have a photo copy of the deeds to our house and I think his name might have to beremoved It doesn't haveto go to probate as the estate is not worth the total you are allowed I am his nextof kin what do I need to do please
JA: Since estate law varies from place to place, can you tell me where this is?
Customer: Chester le street
JA: What documents or supporting evidence do you have?
Customer: I have a photo copy of the deeds
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no I don't think so
Submitted: 15 days ago.
Category: Property Law
Expert:  Joshua replied 15 days ago.

Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.

I am very sorry to read of the above and please accept my sincere condolences for your loss. I will certainly try to clarify the position for you.

May I confirm that you have the title entries from the land registry available to hand please?

Customer: replied 15 days ago.
I have a photo copy as the originals are in a deed safe also they are not registered with the land registry
Expert:  Joshua replied 15 days ago.

thank you. As an aside, it would be sensible to consider voluntarily registering the property at the land registry. This removes any possibility that the deeds may be lost or damaged. However this is a decision entirely for you.

there are two principle options available to you with regards ***** ***** your husband's name from the title. If you do not wish to register the property, then you may simply place a death certificate for your husband with the title deeds and that is all you need do.

if you decide you do wish to register the property, then you will need to apply for voluntary first registration which may require the use of a solicitor. You will also need to complete form DJP to subsequently remove your husband's name from the title following registration which in practice can be carried out at the same time as registration.

Customer: replied 15 days ago.
can I make an appointment to see a solicitor to do this
Expert:  Joshua replied 15 days ago.

Yes in deed. Any local solicitor who deals with conveyancing or property should be able to deal with this for you. Alternatively, if you prefer not to register the property at the land registry - principally this decision would be based on grounds of cost - as above, you can simply place a death certificate for your husband with the deeds and put this off for another day. There is no obligation to register the property following the death of your husband

Customer: replied 15 days ago.
Doesn't the property need to registered if my family want to sell
Expert:  Joshua replied 15 days ago.

there are certain so-called compulsory registration triggers. You do not have to register following the death of a joint proprietor and you do not have to register before selling a property-it is perfectly proper to sell a property which is unregistered. Any buyer of the property would need to register the property when they buy as this is a compulsory registration trigger. The benefits of voluntarily registering the property which is what you could do now is simply that this then removes the risk of loss of title deeds or destruction or lack of your family knowing where they are for example if anything were to happen to you. It is up to you to balance these risks against the cost of registration

Customer: replied 15 days ago.
thank you for your help I will make anappointment with a local solicitor and get them sorted do I have to have the originals or will the photo copy do the samething the originals are in a deed safe
Expert:  Joshua replied 15 days ago.

you will need the originals to actually make the application for registration but the copies will do for the purposes of instructing the solicitor initially. The solicitor can then apply for the originals from whoever holds them with your authority or you could collect them and give them to the solicitor.

Expert:  Joshua replied 15 days ago.

I hope the above is of some assistance but if you have any further questions, please revert to me.

Expert:  Joshua replied 14 days ago.

Thank you again for visiting JustAnswer and see you again in the future I hope.