Removing a deceased person’s name from a house deed is not required by law in the UK, but it’s highly recommended. Removing the name of a deceased person from a house deed keeps the Land Register up-to-date and provides an accurate record of who owns the property. It will also make it easier to sell the property in the future. Even if you don’t plan on selling anytime soon, keeping the house deed up-to-date ensures that future property-related transactions and dealings are kept clean and neat. In this article, how do I change the name on my house deeds after death UK, we take a look at the options open to you.
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What is the legal process after someone dies?
After the death of a property owner, a beneficiary will either obtain “probate” or next-of-kin will receive “letters of administration”. Beneficiaries or next-of-kin can then legally act as personal representatives for the deceased, meaning that they have the power and ability to then transfer ownership of the property and change the name on the deed if they so choose. They also have the power to sell the property. So the decision to remove a deceased person’s name from a deed will depend on a number of factors, but legally, the removal of a deceased person’s name from a deed will make all future ownership transfers much easier.
How do I change the name on a deed after a death?
The mechanism involved will depend upon how the property was owned. This boils down to how many people owned the house and however many this may be, the process of changing the name on a deed after death is relatively straightforward. To determine what process to follow to change the name after death, you must first identify whether the property was under sole ownership, joint tenant ownership, or tenants in common.
In many instances, property is owned jointly by more than one person and after death, the name of the deceased must be removed from the deed. The transfer process is a little more complicated when the property is listed under the names of two spouses, but when this happens removal of the spouse’s name from the deed will depend on the type of joint ownership they had on the property.
If the property was owned by a sole owner
If the property was owned in the sole name of the deceased and the property title is registered at the Land Registry, then the transfer process is relatively straight forward. The Executor or Administrator will need to transfer the property to the person who is entitled to inherit under the terms of the Will (if there is one) or inheritance laws (if there isn’t).
If the property is to be transferred to a beneficiary the Executor or Administrator will need to submit a document called an ‘Assent’ to the Land Registry, with a copy of the Grant of Representation. The Land Registry will then transfer the property into the name of the new owner.
It’s important to note that the property cannot be transferred without a Grant of Representation, as this tells the Land Registry that the Personal Representative has the authority to transfer the property. This also applies if the property is to be sold. The Grant of Representation gives the Personal Representative authority to sign the transfer document that will transfer the property to the buyers.
If the property was owned by Joint Owners
The transfer process is slightly more complicated if the deceased owned the property in joint names with someone else. There are two different ways in which property can be jointly owned; as Joint Tenants or Tenants in Common.
Joint Tenants
If the property is owned jointly as joint tenants, neither person owns a specific share of the property. On one owner’s death, the surviving joint owner will automatically inherit the whole of the property. This will happen regardless of who the property is left to in the deceased’s Will.
In order to transfer the property into the sole name of the surviving joint owner, a death certificate needs to be sent to the Land Registry, who will update the title. If the deeds to the property are unregistered, it is possible to place a death certificate with the deeds, but it’s advisable to register the title with the Land Registry at this point. Once this has been done, the property will then be registered in the name of the surviving joint owner.
Tenants in Common
If the property is owned jointly as tenants in common, then each owner will own a specific share. This is often 50% but it can be divided in any proportion. The deceased’s share of the property must be dealt with in accordance with their Will, or the Rules of Intestacy if there is no Will.
To deal with the transfer of a property owned as tenants in common, the surviving joint owner is the person who has the authority to deal with any transfer. This may or may not be the Personal Representative. The Land Registry will therefore not need to see the Grant of Representation in order to deal with the legal title before transferring the property, as they need only act on the instructions of the surviving joint owner.
If the deeds to the property are not registered, any transfer of the legal title in these circumstances will be a trigger for first registration. The application for the registration and the transfer can take place at the same time.
Where the property title is unregistered, the death of a co-owner does not trigger first registration and the death certificate can just be placed with the deeds. However, if the co-owner wishes to transfer the title to add the deceased co-owner’s beneficiaries then first registration is compulsory.
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It is important for you to be well informed about the issues and possible implications of dealing with probate matters. We can provide the support and guidance you need to get through the process as simply and straightforwardly as possible.
To speak to our Wills and Probate solicitors today, simply call us on 0345 901 0445, or allow a member of the team to get back to you by filling in our online enquiry form. We are well known across the country and can assist wherever you are based. We also have offices based in Cheshire and London.
Disclaimer: This article provides general information only and does not constitute legal advice on any individual circumstances.
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