Administration of estate selling house

I

irishmoss

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Just wondering if you were the administrator of an estate that had only a house to sell on behalf of two very elderly people and you thought it might be hard to sell the house, would putting it into joint names be wise? I'm hoping to be acting as committee to my father who is of unsound mind. But I'm thinking if I do that he wouldn't be able to sell given his incapacity. Would I be right in thinking this.?
 
You're mixing up a whole pile of concepts there!

"administrator of an estate" would usually be taken to mean an administrator of the estate of a deceased person who died without leaving a will.

Do you mean:

My parents are elderly. The house, the sole asset, is my father's sole name. We need to make my father a Ward of Court and I will act as his committee. ( Or we intend to register an Enduring Power of Attorney and I am the Donee?)

Would I have capacity to sell the house?

The answer to that is yes, you would in either of the two scenarios above.

Or are you worried that one might die before the house is sold and therefore should the property be put in to their joint names?

Maybe you could re-write the query to make it a little clearer?

And can you deal with what is to happen to the non owning elderly person if the house is sold?

mf
 
Thank you mf, we have to take out a second grant of administration on an estate of person who died intestate. The administrator died before selling off all the assets. I hope to be able to act as committee to my father under rule 26/27. He is not a ward of court. I believe that the property was put into both the joint names of the beneficiaries, the deed stamped but never registered with Land registry so we have to get a DBN in order to sell the property.

I'm worried that it may take a long time to sell the house, it's not in a good location and similar properties lying idle for years with no offers. We would then be looking at taking out a third grant if god forbid anything happened given their old age. Which was why I wondered once a DBN grant was issued if it would be better to put it into joint names.

But given my father's mental incapacity I wonder if this is the right choice and should I just try and sell off the property through the estate and hope for the best. If it is put into the joint names of the beneficiaries then my role as committee to my father will cease and he won't have the mental capacity to sell if a buyer is found in the future.

Probably the wisest option is someone young taking out the DBN but there are tensions between the two families and I will be exploring this further to see if both families can come to an agreement.

In the meantime I just wanted to be clear in my own head the implications of putting it into the joint names from my fathers perspective.
 
"I believe that the property was put into both the joint names of the beneficiaries, the deed stamped but never registered with Land registry"

This is unbelievably confusing!

If the Deed was executed and stamped, then it is effective even if it has not been registered - I don't think you can put it any other way!

Are you actually getting any legal advice?

mf
 
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