My sister has gained a grant of probate . The Will leaves the property to three beneficiaries, that is the three children . However I am fearful my sister , the Executor will attempt to have the title transferred to herself . How can I insure this can not happen ?
House still in Mother's name Can I prevent title being transferred ?
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The transfer of property requires the transferee to have legal representation
Your sister's legal representor should ask to see the will to make sure the title deeds and the transfer of the property is in accordance with the will i.e. into the names of yourself and your 2 siblings
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Originally posted by Pezza54 View PostThe transfer of property requires the transferee to have legal representation
Your sister's legal representor should ask to see the will to make sure the title deeds and the transfer of the property is in accordance with the will i.e. into the names of yourself and your 2 siblingsLast edited by Lutontown; 2nd March 2024, 17:21:PM.
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Why do you fear that your sister will not act in accordance with her obligations as executrix?
I disagree with Pezza54 about the need for legal representation to transfer title to property. It is not necessary.Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.
Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf
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Originally posted by atticus View PostWhy do you fear that your sister will not act in accordance with her obligations as executrix?
I disagree with Pezza54 about the need for legal representation to transfer title to property. It is not necessary.
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Seeing as you are running multiple threads, I remind myself that you have already expressed a reluctance to follow up on your solicitor's correspondence to the lady. That may not be wise.Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.
Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf
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Originally posted by atticus View PostSeeing as you are running multiple threads, I remind myself that you have already expressed a reluctance to follow up on your solicitor's correspondence to the lady. That may not be wise.
It not so much a reluctance , it a question of cost , each letter sent is costing me something like £230 . Since August last year its totaled £1700 ,with no progress made .Last edited by Lutontown; 3rd March 2024, 13:30:PM.
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I expect that your share in the property may be worth some investment in legal cost to protect it.Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.
Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf
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Originally posted by atticus View PostI expect that your share in the property may be worth some investment in legal cost to protect it.
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I have. Follow up the letter with action, as advised by your lawyers.Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.
Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf
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Originally posted by Lutontown View PostMy sister has gained a grant of probate . The Will leaves the property to three beneficiaries, that is the three children . However I am fearful my sister , the Executor will attempt to have the title transferred to herself . How can I insure this can not happen ?
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That is a good point. If you register for the Land Registry Property Alert service you will receive notification from the Land Registry of an application to change the register, giving you the opportunity to take immediate action.
In fact every property owner should sign up for this free service.
https://www.gov.uk/guidance/property-alert
Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.
Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf
- 1 thank
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Originally posted by atticus View PostThat is a good point. If you register for the Land Registry Property Alert service you will receive notification from the Land Registry of an application to change the register, giving you the opportunity to take immediate action.
In fact every property owner should sign up for this free service.
https://www.gov.uk/guidance/property-alert
https://legalbeagles.info/forums/for...y-title-number
- 2 likes
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That does indeed work - I just checked 2 previous addresses, and it came up with the title numbers free of charge once I added them to my list of monitored properties (I monitor our house and my mum's).Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.
Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf
- 2 likes
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