mother passed away, how to change name on title deeds of house

[scoobydoo1]

my mother passed away a couple of weeks ago she owned the house (no joint owners) i lived with her in same house currently valued around £140k (so no inheritence tax to be paid), ive read i need a probate before i can even attempt to change the name on the title deeds , is that true and what do i need to do first, probate? ive got a quote with local solicitors which they gave me was £1350 + vat plus probate £300, (ive looked online to do myself and its £300, which is the best way to go, do it myself or use solicitor at a huge cost,

2nd question is how do i change the name on title deeds from my mothers name to mine? also what do i need and how much are the costs to register on the land registry in mine name and what if any forms do i need to fill in, i,m assuming if i went through solicitors this will be an extra cost to the above cost mentioned for probate solicitor route

and last question is there anything i need to do to change my mothers name to into mine? i currently have the will and i,m named the only executor/beneficiary

sorry for the long winded questions, i,m not clued up on these things about switching/changing names over to mine on the house

thanks

[PallasAthena]

In England if your late mother is registered as sole owner, and if there is no mortgage or secured loan or charge on the property, and if you are the sole Executor in her Will and also the sole beneficiary and the whole property is being transferred to you then the process is straightforward. There is no need to pay a solicitor to do this

You complete a form called an Assent (Form AS1) at the Land Registry in which you (as Executor) instruct the house to be re-registered in your name (as the beneficiary). There is a fee to be paid but no stamp duty (SDLT) if ownership is passing to you without you having to pay anything for it. .

Whole of registered title: assent (AS1) - GOV.UK (www.gov.uk)

However you do have to have Probate before you can do this. Land Registry will not transfer ownership to the beneficiary without Probate being attached to the Assent form.

[Pezza54]

Hi

To obtain probate and be appointed executor you would need to complete form PA1P online and pay the £300 standard fee
Once you have probate you should apply to the Land Registry using form AS1 and the online portal to transfer the property and change your mother's name to yours (the property is being transferred by a sole owner to a beneficiary)
For properties valued £100k to £200k the fee is £100. If you apply by post the fee is over £200
So by doing it yourself online the total cost is £400 (fees)
You save about £1500

Read the government guidelines on how to complete PA1P and AS1

Check the Land Registry online to ensure the property is registered. Take details from the register. This will help complete AS1

[scoobydoo1]

thank you for the replys
just one question ive completed the probate, and got to the checkout page where its £300, plus 2 copies of £1.50 incase i need them , but where do i send the original will if i completed my application online, it didnt ask me or give me an option to send the will or death certificate on my online application?

[Pezza54]

You could phone the probate helpline
I suspect that you will be told that once they receive your application you will be sent an email or letter providing further instructions

[scoobydoo1]

ok thank you

[scoobydoo1]

just a quick upate on the situtation , hopefully someone will know the answer to this question,

basically myself is named executor on the will with someone else who as passed away a few years ago, i have 2 sisters also mentioned in the will they are now 35 and 37, one of whom are demanding i sell the house to give her equal share (split 3 ways) however i do not wish to sell the house i currently live in, abviously if i die then i want them to have the house split both ways with them or to do whatever with it keep or sell etc,

my question is do one of my sisters mentioned in the will (i have uploaded pics) have any right to force me to sell the house? the other sister wants me to keep it for me to live in (again abviously if i die or want to sell in future the house will be split 3 ways or for them to decide if i die before them)

i thought as myself being the only named executor i have the right to decide what to do with house keep and still live in it or to sell and split 3 ways, am i right in thinking that or does the sister now shes reached the age mentioned in will (20) now also have a voice in weather i can keep house n live in it until such time i want to sell or again i die then split it between the 2 sisters

i,m currently in process of applying for probate and then land registery to put name in house in my name rather than my mothers (passed away)

[Pezza54]

What does the will say about the property? You have to follow the will unless beneficiaries agree to a deed of variation

[scoobydoo1]

Hi pezza54

I attached the will above

[Pezza54]

Yes sorry my mistake
Now the your sister has reached the age of 20, she has a say in what happens to the house. Are you able to buy this sisters one third share of the house so you can continue to live there (providing of course that doesn't upset your other sister)?

[scoobydoo1]

No can't afford too

[scoobydoo1]

Abvioulsy if I decide to sell at later date I will split 3 ways, is there any point in me applying for probate now that's she dead set on wanting to sell?

[scoobydoo1]

I don't want to sell it as I've lived there most my life

[PallasAthena]

My reading scoobydoo1 is that you are now the sole Executor and Trustee and as your youngest sibling is over 20 you now have the power to sell under section 3 as you are holding it "on trust for sale". You have the power but not the duty to sell.

The Will does not appear to require you to get the consent of the other beneficiaries if you elect to sell. But please note I am not a lawyer, this is just my lay person's understanding of what the Will says, so do not rely on my interpretation.

Nevertheless in these sorts of cases it is always better to try and get the agreement of all three of you to what should happen to avoid possible legal challenges, and to avoid a breakdown of family relationships. Unfortunately disputes over Wills and legacies seems to have the ability to cause a complete and long lasting breakdown in relationships between siblings. I've seen it in my own family, siblings who lived less than a mile apart have never spoken or acknowledged each other's existence for over 25 years after a dispute about what their parents' Wills said about the family home.

I have some sympathy with your sister's point of view, the one who wants to sell. If you decide to live in it and not sell she might get nothing until you die. If you are all in your thirties that could easily be in 40+ years time - and she could pre-decease you.

Would you be paying the Estate (and so your siblings) market rent? Have you been paying rent to the Estate up to now? Who would pay for maintenance and upkeep over what could be a very long time?

I believe there is a legal route your sister could use to get a court order to sell but I'll let those who know more about it than I do coment on that ( atticus ? )

[scoobydoo1]

I'm 49 I'm currently saying all the bills now house is owend outright 2ith no mortgage, I have said to them both that if I die they would get equal share, or if I decide to sell at some point in the future the same would happen, they both have houses currently, it's not that I don't want to give them equal share at the moment I can't afford to give it right now,
I don't plan to remortgage to give her share due to the risk of repossion should I fail to meet monthly payments and risk not giving my other sister her share as house would be lost