changing the deed of property

[ninamurphy]

Our mother passed away and we want to have her house,with no mortgage put in all our name,three sisters,One sister is on the deed now.Do we have to go to a lawyer or just find the right document and all of us sign it with a witness. We are all in agreement with this action

[loonytunes]

Yes, but did she leave a will?

[MustafaTickl]

Deeds have been done away with and it is the Registration at the Land Registry which counts now. Your sister is presumably Registered at the Land Registry as Sole Proprietor - to check this if you wish go to http://www.landregisteronline.gov.uk/ and pay �3 to see and copy the Register. As Sole Proprietor your sister can gift a share to each of you - you have to decide whether you wish to be in a joint tenancy or a tenancy in common. The transfer can be a DIY job and you should phone your local District Land Registry Office whom you will find very helpful and will guide you through the process (a couple of forms and around �80 fee). You must also contact the Stamp Duty Land Tax office on 0845 6030135 and tell them what you are doing. They will tell you if there is any Stamp Duty to pay and also arrange for an important Certificate for the Land Registry which they must have before they can do anything.

[ninamurphy]

Yes there was a will. It said to divide everything between the three of us. She put the house in one sisters name to protect the house incase she was put in a nursing home and that was 4 yrs ago

[MustafaTickl]

The will is a red herring - it has nothing at all to do with it. The sister who is currently registered as Sole Proprietor is gifting a share to the two of you as set out in my previous post. If this is not understood you must employ a solicitor to do the work that I have described - cost including disbursements and VAT �500 - �600.