After probate..

gillybean

Registered User
Jan 17, 2007
418
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So I have the letter of administration, and the deeds to the house, I have been told I have to get an assent? I just thought I would have to make a first registration with land registry? Which is right?
Also as an aside, how long should I keep all my parents bank statements and account details for?
 

CLAIREDAY

Account on hold
Apr 22, 2015
48
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So I have the letter of administration, and the deeds to the house, I have been told I have to get an assent? I just thought I would have to make a first registration with land registry? Which is right?
Also as an aside, how long should I keep all my parents bank statements and account details for?


Hi gillybean

http://www.mjwey.co.uk/assent.htm

I hope the above is of some help.
I think it really means going through the procedure to get the house transferred in to the name of the beneficiary of the will.
I just contacted the land registry and they advised me what forms to complete etc.

With regard to bank statements I was advised 6 years.

With regard to wills copies could always be obtained from the probate office but as I am living in my parents house which I have inherited I will keep the wills indefinitely in case anybody tries to claim the estate which is very unlikely as I was the sole beneficiary and the only living offspring.

Claire.
 

gillybean

Registered User
Jan 17, 2007
418
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Hi gillybean

http://www.mjwey.co.uk/assent.htm

I hope the above is of some help.
I think it really means going through the procedure to get the house transferred in to the name of the beneficiary of the will.
I just contacted the land registry and they advised me what forms to complete etc.

With regard to bank statements I was advised 6 years.

With regard to wills copies could always be obtained from the probate office but as I am living in my parents house which I have inherited I will keep the wills indefinitely in case anybody tries to claim the estate which is very unlikely as I was the sole beneficiary and the only living offspring.

Claire.

Thank you Claire, I will look at the link, the assent looks to be expensive, I wonder if I could 'do this myself' though I want it doing right, I'm just getting a bit over confident having completed probate without a solicitor, which I'd recommend anyone to do if it's a straightforward matter.
 

gillybean

Registered User
Jan 17, 2007
418
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Thanks Nitram

I ordered the search a good while ago to find it had never been registered, as I am the PR and sole beneficiary, do you think it is something I could do myself? Is it complex? (I haven't looked properly at all the forms yet)
 

sue38

Registered User
Mar 6, 2007
10,849
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55
Wigan, Lancs
If the property isn't already registered at the Land Registry I think you're going to need some help. First registrations can be much more complicated.
 

gillybean

Registered User
Jan 17, 2007
418
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I see, I am not sure if I need an assent or first registration or both? It's definitely not registered so I'd need that but do I need an assent as well or does this cover it all?
 

lin1

Registered User
Jan 14, 2010
9,350
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East Kent
Hi , I can't help with the first registration of property.
Some yrs ago When I did probate for mum , I was told to keep everything to do with probate and executor for 12yrs , I assume it is the same for Administration.
The only bank statements I kept were the ones I requested up to the date she died and when I closed the accounts.
 

Jessbow

Registered User
Mar 1, 2013
5,679
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Midlands
With regard to the house/deed and etc, get hold of a Licenced conveyancer- at least ask their advice. far cheaper and just as efficient .

As this is pretty much all they do ( rather than a solicitor who does all sorts of 'legal' things') they tend to know the answers.

Al we did was send our a copy of the will and he transferred the property into our names. They know exactly what you needed to do.
 

nitram

Registered User
Apr 6, 2011
30,081
0
Bury
The property has to be registered before it can be transferred.

I agree with sue38, you should get professional help with the initial registration, you might as well get whoever is doing this to register the transfer as well.

Have you got, or do you know the whereabouts of, the title deeds?
 

CLAIREDAY

Account on hold
Apr 22, 2015
48
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So I have the letter of administration, and the deeds to the house, I have been told I have to get an assent? I just thought I would have to make a first registration with land registry? Which is right?
Also as an aside, how long should I keep all my parents bank statements and account details for?

Hi gillybean

I did have a word with an older member of the family about registered / unregistered land as the house I am in now was bought by my parents in the 50's and it was always registered.
As I understood it had to be registered at the next event eg if it is inherited or sold so I was wondering if there had been a misunderstanding.
What I did not realise was registration did not apply to all areas and it was phased in over several years so not all land was subject to registration at the time my parents purchased the house.
I think I am fairly safe in saying there will not be much unregistered land about now but if my parents had bought a house a few miles from where I am now it could have been unregistered as they were the first owners and the title is only being changed now.

Claire
 
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jugglingmum

Registered User
Jan 5, 2014
7,085
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Chester
My parents purchased their house in 67 and it wasn't registered. My mum registered it herself in 1994 and put it in her name only. So it was possible to do it yourself then but everything may well have changed.

I know it takes a while to register properties so understand worth doing in advance of any planned sale (I know not the case for gillybean)
 

CLAIREDAY

Account on hold
Apr 22, 2015
48
0
My parents purchased their house in 67 and it wasn't registered. My mum registered it herself in 1994 and put it in her name only. So it was possible to do it yourself then but everything may well have changed.

I know it takes a while to register properties so understand worth doing in advance of any planned sale (I know not the case for gillybean)

Hi jugglingmum

In my discussions I have today found somebody who's parents purchased their house in 1965 and it was only registered in 2013 when he inherited it.
It was a new build like the house I am in now was when my parents purchased it.
1967 certainly sounds correct to me.
The area I am in was one of the first for compulsory registration.

Claire
 

gillybean

Registered User
Jan 17, 2007
418
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It definitely isn't registered.

I do have the all of the deeds, a huge bundle of papers that I can't understand one bit!

Nitram, is is possible to use a 'conveyancer' I thought that they were the same as conveyancing solicitors, I didn't realise they were a separate profession.

So am I right in thinking I have 2 processes to go through, first registration then an assent?
 

nitram

Registered User
Apr 6, 2011
30,081
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Bury
Solicitors are regulated by the SRA (Solicitors Regulation Authority) some specialise in conveyancing and call themselves conveyancing solicitors.
Conveyancers are regulated by the CLC (Council for Licensed Conveyancers)

There are two processes as the land registry cannot transfer a title until it exists, the registration and transfer can be submitted at the same time so it only looks like one process.

It's essential that the registration is correct, there's considerable difference between potential problems registering an estate property built in the sixties before compulsory registration and a one off property built decades before that date.

Ask for quotes from solicitors/coveveyancers, don't forget there are fees that you cannot avoid https://www.gov.uk/government/publications/registration-services-fees

EDIT
Just read sue38's post - must learn how to type faster - she put it much clearer than I did.
 
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gillybean

Registered User
Jan 17, 2007
418
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I have now had a quote to prepare the assent and registration so hopefully this will be finalised soon, thank you all for your help in this