maggiesmum Posted March 21, 2012 Report Share Posted March 21, 2012 Hi, My friend is in a predicament and I wondered if anybody can help. Her husband was advised and bought before 2008 , 4 buy to let flats in different locations around the North West in his sole name. Unfortunately, he died unexpectedly and she is now trying to sort out their finances. The mortgages are interest only and she has continued making payments since his death but is unsure what her legal position is with regards to selling these properties as there is still approx 20 years left on the mortgage and she doesn't know whether these flats are ever going to be financially viable. She has until August to resolve this problem as probate has to be completed by then.She has done nothing to date and is now panicing as the deadline approaches. I have offered to help if I can. Can anybody guide me please ???? Link to comment Share on other sites More sharing options...
Melboy Posted March 21, 2012 Report Share Posted March 21, 2012 Yep! Lot of personal experience in this matter. You need a Will.....the Master copy. This will be retained by the Court of Administration. Your friend has absolutely no choice whatsoever as the properties are not in joint names (big mistake!). To get probate you have to fill in the forms and send them off with a cheque for £104 and attend an Probate Administration Court whereby Letters of Administration will be granted to your friend. Once in possession of these letters this gives your friend the power to sell any property but without these documents NO solicitor would be able to handle the sale of the property. It's not complicated BUT if your friend cannot handle this type of form filling etc. then she will have no other choice but to employ a Solicitor. I have carried out the above procedure now 3 times in 3 years for 3 relatives!! Mel. Link to comment Share on other sites More sharing options...
maggiesmum Posted March 22, 2012 Author Report Share Posted March 22, 2012 Yep! Lot of personal experience in this matter. You need a Will.....the Master copy. This will be retained by the Court of Administration. Your friend has absolutely no choice whatsoever as the properties are not in joint names (big mistake!). To get probate you have to fill in the forms and send them off with a cheque for £104 and attend an Probate Administration Court whereby Letters of Administration will be granted to your friend. Once in possession of these letters this gives your friend the power to sell any property but without these documents NO solicitor would be able to handle the sale of the property. It's not complicated BUT if your friend cannot handle this type of form filling etc. then she will have no other choice but to employ a Solicitor. I have carried out the above procedure now 3 times in 3 years for 3 relatives!! Mel. Link to comment Share on other sites More sharing options...
maggiesmum Posted March 22, 2012 Author Report Share Posted March 22, 2012 Hi Mel, Thank you for your response.She has completed Probate and has already been granted the Letters of Administration but was unsure if she would be able to sell them as they were still in his name. Many thanks, Link to comment Share on other sites More sharing options...
LLAW96 Posted March 22, 2012 Report Share Posted March 22, 2012 Go to the Land Registry website and read public guide 9, this guide outlines the process of assenting to the title of a property on the death of the owner. Link to comment Share on other sites More sharing options...
maggiesmum Posted March 23, 2012 Author Report Share Posted March 23, 2012 Thank you , I will do that now Link to comment Share on other sites More sharing options...
Melboy Posted March 23, 2012 Report Share Posted March 23, 2012 Hi Mel, Thank you for your response.She has completed Probate and has already been granted the Letters of Administration but was unsure if she would be able to sell them as they were still in his name. Many thanks, Once you have probate and the letters it doesn't matter whose name is on the land registry because the executor of the will has effective power of attorney to sell that property or anything else they wish to do with it. I have sold 2 properties this way in the last two years that did not belong to me. Link to comment Share on other sites More sharing options...
Recommended Posts
Archived
This topic is now archived and is closed to further replies.