Registration of deceased as owner

If an applicant for registration dies before the application is lodged in the Land Registry, it is the Land Registry’s view that a solicitor should not lodge the application. A grant of probate or administration should be obtained, and registration may then proceed in the name of the personal representative – by lodging the transfer to the deceased and the assent by the personal representative together.

If there is a mortgage, the solicitor should notify the bank that the applicant has died and that the bank should protect its interest. If the property is to be sold by the personal representative in the course of administration, the transfer by the personal representative can be lodged along with the transfer to the deceased and the grant of probate or administration.

If an applicant for registration dies during the course of registration, the application will proceed to completion unless the PRA is notified of the death. If so notified, the PRA may continue the registration in the name of any person entitled to apply for registration on lodgement of the evidence of said entitlement (under rule 166).