Is transfare of deed legal doc yet?

[hippychic]

Hello All
I have recieved information which I could do with some help with.

1. Mother bought house from County Council
2. Mother got solicitor to transfare house into our 3 names 2 weeks before she died
3.

 

[hippychic]

Is transfer of deed legal doc yet?

Hello all

Just received info which could do with some advice with

History

1. Mother was renting house from County council then bought house. Deed in her name
2. Mother transfered house into my, my brother and sister name 2 weeks before she died.

Query

Solicitor said all three of us now sign the transfare deed and send to be stamped by rev commision. Which will then incur stamp duty

As we are not keeping house and not all parties have signed the transfare document.

1.Can you ignore this transfer document and just apply for probate, then sell as executers of the estate.

2.Would a transfer order have been needed to be have been applied for first from the County council befor the transfer happened.

3. If yes is the transfer document valid

4. If there are 3 executers to the will and 2 wish to change solicitor can you proceed without the 3rd agreeing?

5. When you have the consent to sell documents from the county council and a buyer is found. If two executers agree to sell does that outway the one ie meaning 2 against 1?

Its a long one, but would appreciate any help on these befor I sign deed of transfer, as If we could avoid paying stamp duty the better

hippychic

 

[MOB]

"not all parties have signed the transfare document."

This is irrelevant. The question is whether the deed is deemed to have been executed by the transferor. A deed is stampable once it has been 'signed, sealed and delivered'. When one solicitor is acting on both sides, this date is open to some interpretation; but in this case, the solicitor has, at least implicitly, expressed the opinion that the deed is indeed delivered.

 

[hippychic]

Hi MOB

I was told that if we change solicitors that the new could just ignore that the document had been signed in the first place and apply for probate instead? Is this possible

hippychic