Dealing with a property that has been bequeathed

Dealing with the death of a loved one can have a profound effect on those left behind. The memories, the sadness of their absence, and sorting out their affairs all make the loss emotionally challenging.

It can be made even more difficult for those who have to organise the funeral and any celebration to mark the lost loved one's life and for those who have to deal with their estate and tie everything up. The financial aspect, the reading of the will, managing any bequests — all of it can feel like you're being forced to close down not only a chapter of their life but the whole book.

But what happens if they have stipulated in their will that you get a share of the property that they have owned? Or you now own it outright as a part of the provisions in the will?

In some cases, you might wish to keep the home either as your primary property or as a second home, perhaps to rent out. Or you might decide that you'll relinquish the property by selling it and receiving the funds from the sale.

Whatever your choice when you've received a property as a bequest, there are certain steps you'll need to take to either sell it or transfer the ownership of it into your name (and others depending on the terms of the bequest).

If you are the executor of the estate, you'll need to register the probate before you can do anything further. This requires a verified copy of the will to be sent to the authorities and an estimate of the value of the residual estate (including personal items and any property), who will assess the documentation and produce the Grant of Probate certificate. This document confirms the terms of the will and the name(s) of the estate's executor(s), which means the named individual(s) can proceed with giving out the bequests as detailed in the will itself.

Often, the terms dictate that the entire estate should be sold and, after the bills associated with the estate, the funeral and managing the property in the interim stage have been taken off, the resultant money is given to an individual or spread between a number of people (for example, children and grandchildren).

To do this, the executor(s) will arrange for the property and its contents to be sold through an agent, who will require proof of identification (to show they are the designated and rightful person(s) to sell the property) and a copy of the Grant of Probate.

Once the property has been successfully sold, the executor(s) will then distribute the funds received in accordance with the terms of the will.

Where you are the sole or joint beneficiary of the property, the executor(s) will organise the bequest according to the terms of the will.

What you do with it after that point is dependent on you (and any of your co-beneficiaries).

The legal side

However the home (and other properties that might be owned by the person who has died) is stated within the will, it is important to recognise two points:

1. You need to consider what inheritance tax might have to be paid on any bequests that have been made. The UK government's guidance on inheritance tax covers the detail, but if you are in any doubt, it's worth consulting a tax expert.
2. There is an amount of legal work to do. Essentially, whatever happens, the ownership of the property needs to be transferred from the one who has made the bequest to the new owner (be it the person the executors organised the sale to, or to you and any others to whom the property was bequeathed).

The conveyancing for a sale connected to a bequest and the last will of the donor follows exactly the same process as for a standard sale. Whoever is responsible for its sale (whether it's as an executor or you as the recipient of the bequest), you'll need to provide your identification to show that you are the right person to make the sale. Additional documentation required are a copy of the will and the Grant of Probate certificate.

Dealing with the death of a loved one can be quite an emotional and potentially traumatic time, and, if you are selling the property following your loss, it can be very difficult to deal with the emotions. This is why you need to choose an expert conveyancing solicitor, who can deal with your case in a sensitive manner, keeping the transaction moving forwards so that you don't have to deal with extra stress and upset.

Whatever your plans, talk to us at Homeward Legal and we'll help you handle this difficult time as smoothly as possible. Our conveyancers start work as soon as you agree to your quotation, and we operate a fixed-fee promise — what you're quoted is what you pay for the standard conveyancing process. We also offer a no completion, no fee guarantee, so if the sale doesn't reach completion, you won't owe us a penny.

Call our friendly team on to get your quote started, or use our quick online quote generator.