inherited property and first registration

Joe1919

My wife has recently inherited a small cottage worth about 30k which she hopes to sell onwards. However, my understanding is that the property needs to be 'first registered'.
My query is who is responsible and who pays the cost of 'first registration' in this case. i.e. Could my wife as beneficiary insist that the executor/administrator of the estate carry out this 'first registration' as part of their duty in handing over the assets of the estate?

Peregrinus

No.

Peregrinus

Just to clarify - what the estate has is an unregistered property. That is what your wife has inherited. Where, as a result of a transfer (like inheritance) a registration obligation is imposed, it's the transferree who is obliged to register - and, perhaps more to the point, who has a financial interest in registering. That's your wife.

littlemac1980

I could be wrong - but I thought that compulsory registration only applied to sales, and that therefore, the change of ownership caused by the inheritance doesn't require registration.

If that's the case then the proposed sale would still require that the property be registered, but that would be more of an issue for the transferee in that case, i.e. the purchaser.

Nevertheless - there is likely to be a bit more work for the vendor's solicitor to satisfy the purchaser and the land registry re queries etc.

Open to correction on this though.

Joe1919

Hi. Thanks for replies. I note that in the 1965 succession act (paragraph 53), there is a line

(2) Any person in whose favour an assent or conveyance of any unregistered land is made by personal representatives may at his own expense require the personal representatives to register that assent or conveyance in the Registry of Deeds pursuant to the Registration of Deeds Act, 1707.

Is there a revision or update to this position or does it still apply or is it even relevant in this case?

Anyhow, it appears in this case that the potential purchaser is insisting that the property be registered before he purchases.. The issue she is wondering about is who is responsible and who pays.

Mr. Incognito

Is this not legal advice?

Speak to a solicitor