• Name Of A Deceased Proprietor Does Not Match Name On Grant Of Probate

    By Guest on 28th Aug 2023

    The name on the land registry for the deceased proprietor is Middle Name, First Name compared to First Name, Middle Name on the Grant of Probate. Can it be changed on the Land Registry in the event of sale?

  • 5 Answers

    By Guest on 30/08/2023

    Hi,

    It is possible to update the register, if it is that that is incorrect and not the probate, but what usually happens is in the event of a sale the executor (if the deceased was the last of the owners to die) or else the surviving owner will give a statement of truth, or else a statutory declaration, confirming that both the person named on the register and the person named in the probate are one and the same. That will be enough to satisfy HMLR and should be enough to satisfy the buyer's solicitor

  • By Guest on 30/08/2023

    The buyer's solicitors do not want to take the risk, in case the application is refused at HMLR, and they will not exchange unless the names match between the 2 documents. What would you advise in this instance? Is this considered bad advice from the buyer's solicitors?

  • By Guest on 30/08/2023

    The buyers' solicitors must advise their clients as they see fit and it wouldn't be appropriate for me to comment on that. Firstly, is it the case that all of the proprietors are deceased and the sale is being conducted by the executor of the last proprietor to die; secondly is it that proprietor for whom the name discrepancy exists; and thirdly, which is correct - the probate or the title register?

  • By Guest on 30/08/2023

    In response to your questions:
    1. All of the proprietors are deceased and the sale is being conducted by the executor of the last proprietor to die
    2. Yes the name discrepancy exists for the deceased proprietor
    3. The error is on the Land Registry. The probate is First Name, Middle Name but LR is Middle Name, First Name

  • By Guest on 31/08/2023

    In that case you can apply to HMLR. If you have access to the Business e-services portal you can use the e-Change of Name facility. Otherwise, if you call HMLR 0300 006 0411 they'll be able to tell you how to apply. Note that HMLR's helpline is closed on Fridays

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