In the process of getting mom into a care home. Need advice as cannot find title deeds and land registery say my dad who passed away in 2009 is still listed. There is a will but it is held at solicitors whose name we cannot remember. The one we thought it was does not show up when we google it. We need it if we go ahead with deferred payment via the local council. I also presume we will need it to sell the house. Any advice
Title deeds and will
- Thread starter Daisy j
- Start date
If the property is registered - which based on your comment it is, you shouldn't need the title deeds. The land registry is the official record.
You will however need to update the land registry to reflect the current ownership of the property.
The will doesn't normally come into play until someone dies but someone else may be able to explain if it is something normally required for deferred payment.
You will however need to update the land registry to reflect the current ownership of the property.
The will doesn't normally come into play until someone dies but someone else may be able to explain if it is something normally required for deferred payment.
When I sold dad's house which was in joint names whilst he was in a care home, I was able to supply copy of the will and had power of attorney for finances but they also asked for a copy of mum and dad's marriage certificate and death cert for my mum which I also had...maybe this may link into with rules of husband/wife inheritance showing your mum under intestancy rules if a will cannot be found at the moment, would have the conplete property ownership rights and it is a simple matter of just legally changing ownership details with the land registry which would then satisfy council or sale process when needed.
You can get a copy of a will from the Probate Office, unless you need the original. The document will state the solicitor's and/or executor's name.
Search probate records for documents and wills (England and Wales) - GOV.UK (www.gov.uk)
Search probate records for documents and wills (England and Wales) - GOV.UK (www.gov.uk)
Im assuming that its your dads will that is required to prove that the house was left to your mum and that she is now the owner. As @nita says, you can get a copy from the Probate Office.
When you come to sell your mums house you will need POA or deputyship to do so, not your mums will. I dont know what is required for deferred payment, Im afraid.
When you come to sell your mums house you will need POA or deputyship to do so, not your mums will. I dont know what is required for deferred payment, Im afraid.
My reply related to mum's will not dad's as I was thinking you needed mum's will for deferred payments.
Hello @Daisy j when we had a deferred payment on Mum's house we didn't need to provide her will or the title deeds - the local authority just did a land registry check to confirm ownership in order to place a charge against the property, but no will/deeds etc were required. Most local authorities will have details of their deferred payment scheme on their website (local authorities can have different processes) so it might be worth a look to see if it specifies the documentation required.
When we sold the house we didn't need to provide the title deeds to the solicitor either, as they did a land registry check. They said that even when they have the title deeds they would still need to check with land registry for an up to date record of ownership prior to the sale.
When we sold the house we didn't need to provide the title deeds to the solicitor either, as they did a land registry check. They said that even when they have the title deeds they would still need to check with land registry for an up to date record of ownership prior to the sale.
I was referring to your Dad's will. The Probate Office only has the wills of people who have died and probate has been granted to their chosen executor or representative.
