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House still in Mother's name Can I prevent title being transferred ?

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  • House still in Mother's name Can I prevent title being transferred ?

    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 ?
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  • #2
    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

    Comment


    • #3
      Originally posted by Pezza54 View Post
      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
      Okay thank you for that . So she can only act through a solicitor that would have to confirm that the Will allows for the transfer of title to her solely . It does not . Clearly states estate to be divided equally therefore only by written agreement of all three beneficiaries could this happen ? Thought that was the case . Again thank you for putting my mind at ease.
      Last edited by Lutontown; 2nd March 2024, 17:21:PM.

      Comment


      • #4
        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

        Comment


        • #5
          Originally posted by atticus View Post
          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.
          I have gone into more detail about the problems I am having with her . Basically she let probate drag on and made no enquiries as to what delay was . She maintains she has the right to extra from the estate and since probate was granted has done nothing to settle the estate . Check my post on it out please .

          Comment


          • #6
            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

            Comment


            • #7
              Originally posted by atticus View Post
              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.
              Would not call two threads multiple . I thought this one was almost a separate issue, but as you mentioned it here . Once probate was granted I thought it would be straight forward but no . Was also waiting for the time limit for a Inheritance claim to lapse . So it is now down to getting the terms of the Will as set out on Grant of probate carried out .
              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.

              Comment


              • #8
                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

                Comment


                • #9
                  Originally posted by atticus View Post
                  I expect that your share in the property may be worth some investment in legal cost to protect it.
                  yes thats true , but it should be a lot more straight forward process . I have gone nothing wrong , its her not doing what she should be doing.. I would appreciate if you could take a look at my other thread and let me know your thoughts . cheers .

                  Comment


                  • #10
                    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

                    Comment


                    • #11
                      Originally posted by Lutontown View Post
                      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 ?
                      I am registered with the Land Registry for them to email me once every six months to tell me if anyone has attempted to interfere with the title deeds etc, costs me nothing. Is this something you might do?

                      Comment


                      • #12
                        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

                        Comment


                        • #13
                          Originally posted by atticus View Post
                          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
                          That’s good advice (thanks OP). I’ve just signed up and set up monitoring by address and I see that it gives me the Title Number for the property. If this is the same for everyone, then this free service could be used in a scenario such as the one in this thread:
                          https://legalbeagles.info/forums/for...y-title-number

                          Comment


                          • #14
                            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

                            Comment

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