How to transfer property ownership after a spouse dies without a will in the UK? | LawHive - Solicitors & Lawyers Online
How to transfer property ownership after a spouse dies without a will in the UK?
Hi, can someone help me please, I’m really struggling to find out what I need to do and I can’t afford to go to see a solicitor. My Mum passed away with no Will, the property my Mum & Dad, who were married have, is owned half each but not jointly I think it’s called solely ?? What do we need to do to transfer my Mums half of the house to my Dad. My Dad lives in the property. I don’t know if he needs to get Probate or not ? To deal with this There are no other assets. Or can he just apply for a change of name with the Land Registry also would he have to pay Inheritance Tax. I’ve been on the GOV.UK website but it’s very confusing. Any advice would be greatly appreciated. Thank you

Michael Sandefur

5th April 2022

Top Answer
Solicitor ( no longer in practice). You need to be sure about the way that the property was owned. If your parents owned as joint tenants as most married couples do, the property has passed automatically to your dad and there is no need to do anything now. When your dad comes to sell the property, he can go ahead with the sale by showing your mum's death certificate as evidence that he is now the sole owner. You need to get office copy entries from the land registry. If no restriction is registered, you should be able to assume that they were joint tenants. If they owned as tenants in common, there will be a restriction which reads "No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court". As your parents were married, there is no IHT to be paid, however they owned the property. This link explains how to apply for a grant of letters of administration, if this is needed https:// www.gov.uk/ government/ publications/ apply-for-probat e-by-post-if-th ere-is-not-a-wi ll

Carol Lewis

5th April 2022

1 upvote

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