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Post by maninasuitcase on Oct 6, 2022 18:04:51 GMT
Evening all,
Im after some guidance off anyone who has an understanding of conveyancing.
My late father's home was passed to me and my brother. I want to give it to him and so his name is on the deeds. Currently my dads name is on it. It is difficult to swap this to my brother so he is the new owner?
Any help appreciated
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Post by OldStokie on Oct 6, 2022 20:06:49 GMT
Evening all, Im after some guidance off anyone who has an understanding of conveyancing. My late father's home was passed to me and my brother. I want to give it to him and so his name is on the deeds. Currently my dads name is on it. It is difficult to swap this to my brother so he is the new owner? Any help appreciated If it was left in a will to be shared between you, I'm pretty sure you can sign a disclaimer in favour of your brother having it. But I think that includes everything left to you in the will. I'm pretty sure you'll need a solicitor to help you through the process. Here's a link on how to disclaim inheritance in favour of someone else. Refuse inheritance.OS.
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Post by maninasuitcase on Oct 6, 2022 20:15:50 GMT
Evening all, Im after some guidance off anyone who has an understanding of conveyancing. My late father's home was passed to me and my brother. I want to give it to him and so his name is on the deeds. Currently my dads name is on it. It is difficult to swap this to my brother so he is the new owner? Any help appreciated If it was left in a will to be shared between you, I'm pretty sure you can sign a disclaimer in favour of your brother having it. But I think that includes everything left to you in the will. I'm pretty sure you'll need a solicitor to help you through the process. Here's a link on how to disclaim inheritance in favour of someone else. Refuse inheritance.OS. Thanks OS There was no will. Just a box with his papers in it. I effectively want to give my share to my brother as he would prefer to keep it, whereas i want to move on with closure for my dads life. I have taken the personal effects i wanted to remember him, but i dont want his house as i would find it hard to keep it emtionally.
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Post by yeswilko on Oct 6, 2022 20:17:02 GMT
Evening all, Im after some guidance off anyone who has an understanding of conveyancing. My late father's home was passed to me and my brother. I want to give it to him and so his name is on the deeds. Currently my dads name is on it. It is difficult to swap this to my brother so he is the new owner? Any help appreciated Hiya mate. I've come across a few incidents of families being torn apart through inheritance issues over the years. Obviously I dont know about your family situation but what you appear to be doing for your brother here seems like a great thing. Nice one
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Post by Deleted on Oct 6, 2022 20:20:02 GMT
Evening all, Im after some guidance off anyone who has an understanding of conveyancing. My late father's home was passed to me and my brother. I want to give it to him and so his name is on the deeds. Currently my dads name is on it. It is difficult to swap this to my brother so he is the new owner? Any help appreciated Had the same recently but luckily have a family member in the business. Is a bit time consuming but not an issue. I was left 2 properties and gave them over to younger siblings. One was abroad which was a bit of red tape. I take it the house is fully paid for and if so should take a few weeks and a small-ish fee . Your own solicitor should be able to take care or a local one if you don't have one. Took me about 4 or 5 weeks
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Post by questionable on Oct 6, 2022 20:24:38 GMT
A Solicitor will sort it out easily at little cost, my wife and her brother had a number of shares left to them, simple paragraph stating A will pay B for the shares 👍
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Post by yeokel on Oct 6, 2022 20:47:56 GMT
I think Oggyoggy claims to be some kind of family lawyer so perhaps a PM to him might help you.
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Post by willieeetmiout on Oct 6, 2022 21:53:18 GMT
If it was left in a will to be shared between you, I'm pretty sure you can sign a disclaimer in favour of your brother having it. But I think that includes everything left to you in the will. I'm pretty sure you'll need a solicitor to help you through the process. Here's a link on how to disclaim inheritance in favour of someone else. Refuse inheritance.OS. Thanks OS There was no will. Just a box with his papers in it. I effectively want to give my share to my brother as he would prefer to keep it, whereas i want to move on with closure for my dads life. I have taken the personal effects i wanted to remember him, but i dont want his house as i would find it hard to keep it emtionally. Have you been through Probate yet? You will need to do that first and administer the estate in accordance with the intestacy rules. Is there a mortgage on the property? If not there is no requirement to register the change of ownership with the land registry. It will be easier to register though once Probate is complete solely in your brothers name. You may need to instruct separate solicitors, however, as you will have to be given advice on relinquishing your rights to the property.
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Post by maninasuitcase on Oct 6, 2022 22:26:37 GMT
Thanks OS There was no will. Just a box with his papers in it. I effectively want to give my share to my brother as he would prefer to keep it, whereas i want to move on with closure for my dads life. I have taken the personal effects i wanted to remember him, but i dont want his house as i would find it hard to keep it emtionally. Have you been through Probate yet? You will need to do that first and administer the estate in accordance with the intestacy rules. Is there a mortgage on the property? If not there is no requirement to register the change of ownership with the land registry. It will be easier to register though once Probate is complete solely in your brothers name. You may need to instruct separate solicitors, however, as you will have to be given advice on relinquishing your rights to the property. Hi willie Got probate. I am the executor The house is in my dads name, all paid up. I downloaded a copy of the title register from gov.uk site and was told i needed to get his name removed from the proprietorship register through his original mortgage lender. Must admit im not sure what that entails as ive only just found his lender details from that form, cos the house was paid up years ago. Beyond that im unsure where to go other than to a solicitor who specialises in this kind of thing. I know it wont be cheap i guess, but I also know it needs sorting for my own peace of mind.
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Post by OldStokie on Oct 7, 2022 13:32:59 GMT
Have you been through Probate yet? You will need to do that first and administer the estate in accordance with the intestacy rules. Is there a mortgage on the property? If not there is no requirement to register the change of ownership with the land registry. It will be easier to register though once Probate is complete solely in your brothers name. You may need to instruct separate solicitors, however, as you will have to be given advice on relinquishing your rights to the property. Hi willie Got probate. I am the executor The house is in my dads name, all paid up. I downloaded a copy of the title register from gov.uk site and was told i needed to get his name removed from the proprietorship register through his original mortgage lender. Must admit im not sure what that entails as ive only just found his lender details from that form, cos the house was paid up years ago. Beyond that im unsure where to go other than to a solicitor who specialises in this kind of thing. I know it wont be cheap i guess, but I also know it needs sorting for my own peace of mind. I may be absolutely wrong but why would you be named as executor if there is no will? In the absence of a will then your father's things (including his house) should go to his next of kin which, in this case, would be his children. (Or maybe his eldest child?) If you get your solicitor to write up a disclaimer to the house then it should all go smoothly. OS.
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Post by wannabee on Oct 7, 2022 14:24:54 GMT
This should answer most of your questions. You need to complete what is called "Deed of Variation " Realy the only restriction is it must be done within 2 years of the deceased passing to avoid inheritance tax At least if you understand the simple procedure if you decide to get a solicitor to do it for you (optional) they can't charge you an arm and a leg www.timbrell-law.com/portfolio/redirecting-your-inheritance/Governments own website says you don't need to do anything particularly formal or register it. Just write a letter www.gov.uk/alter-a-will-after-a-deathRip to your Dad
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