Looking to purchase from deceased estate?

Looking to purchase from deceased estate?

11:02 AM, 25th May 2021, About 4 weeks ago 10

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Hi, I am looking to purchase an empty property. The owner has passed away after a number of years in a care home.

The property is in a state of disrepair, and the deceased still shows as the registered owner, but a proprietorship register contains a restriction.

1, the disposition is by two or more persons who were registered as proprietors of the legal estate at the time of the person’s death
2, a notice of a charge under section 22(1) of the Health and Social Services Act 1983

I don’t know where to begin with this in and being a relative novice to these things any advice would be appreciated.

Bill



Comments

by James Noble

8:27 AM, 26th May 2021, About 4 weeks ago

I usually try to deal with my own conveyancing, if the seller's solicitor will co-operate. In this instance, I'd go straight to a solicitor. They have their uses. James

by Nikki Palmer

9:13 AM, 26th May 2021, About 4 weeks ago

Is this just not an acknowledgement that there are Powers of Attorney in place dealing with the financial arrangements for the deceased's estate?

by Adrian Atkins

9:50 AM, 26th May 2021, About 4 weeks ago

sounds like council is going to claw back fees for the care home from the sale of the property

by Mark Stokes

9:52 AM, 26th May 2021, About 4 weeks ago

Looks like the Local authority have a charge to recover care home fees. So when property sold, whoever is dealing with the Estate of the deceased has to repay the Local Authority .

by Bill

10:18 AM, 26th May 2021, About 4 weeks ago

Thanks for your thoughts folks.
The property has stood empty for some 8 years.
The owner passed away some eighteen months ago. With the cost of care home fees it would be unlikely that there would be any equity left in the property after such a length of time.
I was trying to find out if anyone had any experience of a similar situation and how to sensitively handle things.

by Harry Chunk

10:20 AM, 26th May 2021, About 4 weeks ago

Hi, I think you have to start with the basics. Firstly leave a handwritten letter at the property for the property owner to get in touch. Just leave a telephone number rather than an address. Secondly go and see the neighbours and see if they are in contact with the relatives of the owners. Thirdly, whilst a stab in the dark go and visit the local undertakers and find out if they dealt with the deceased's funeral. Finally keep a close eye on what the local estate agents are taking on. Sadly stuff like this rarely is on the market for more than the blink of an eye. All I can say is that it worked for me.

by Tim Rogers

10:51 AM, 26th May 2021, About 4 weeks ago

The value of the house is over £5000, therefore it must go through probate. The house cannot be legally sold until probate is granted.

You can get the owners name and details from the land registry. Assuming the owner and the deceased are one and the same you should be able to track the progress of the probate via the gov website. (It will be easier if you can establish when and where the death took place). Once probate is granted the will is open to the public, (£1.50 fee).

The person granted the probate has the legal responsibility to deal with the estate, normally, if multiple executors are listed only one will have the lead and be given probate. Their address is on the will and I think the probate certificate.

Be aware they have the legal duty to obtain the best price for the property possible, and may opt to renovate prior to sale.

Good luck, T

by Ian Narbeth

15:58 PM, 26th May 2021, About 4 weeks ago

Bill
The fact that the deceased is still shown as registered proprietor does not mean that probate has not been granted. Check the Probate Registry to see if there is a will and who the executors are.

by Bill

10:42 AM, 27th May 2021, About 4 weeks ago

Thanks again for your additional contributions everyone. Your time taken to respond is much appreciated. I better understand the situation now and have a pathway forward.

by Roberts Rentals

9:47 AM, 30th May 2021, About 3 weeks ago

We've bought several properties like this (my husband is a builder).
Usually if the property has been left for a number of years the local authority will have placed a prohibition order on the property. This is just stating not fit to live in, they give you a list of what needs to be carried out. You dont have to pay the additional stamp duty on the property if it has a prohibition order on it, I recently got £7k back from hmrc on one ours.
You just leave it in the hands of a solicitor for them to complete probate, then you can move forward, its just a waiting game could take several months. Well worth buying if you can do the work.


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