Legal Q&A: why is a flat my father left to me in his will two years ago still not registered in my name?

Question: I was left a flat by my father two years ago and I employed a solicitor to deal with Dad's estate after he died. I was the executor and the sole beneficiary and I thought it all got sorted. But I have just discovered that the property is still in my father's name and not registered to me at all. How can this situation have arisen?

Answer: The solicitor you instructed to undertake the administration of your father's estate should have ascertained the extent of his assets, obtained a Grant of Probate and distributed the estate — which would have included paying debts, expenses and any tax due.

You should have been advised about transferring the property into your name. The legal fees for administering the estate may not have included such work. However, your solicitor could have informed you of any additional legal fees payable for that service. Ask the solicitor why the property was not transferred into your name. If this was simply overlooked but you were charged for the work, then you should ask your solicitor to deal with the transfer now, at no cost to you.

If your solicitor says that the transfer was outside the scope of his work, tell him that he still should have advised you about your options in relation to transferring the property.

Indeed as the apartment remains in the name of your late father, the administration of his estate has not actually been finalised.

These answers can only be a very brief commentary on the issues raised and should not be relied on as legal advice. No liability is accepted for such reliance. If you have similar issues, you should obtain advice from a solicitor.

WHAT'S YOUR PROBLEM?

If you have a question for Fiona McNulty, please email legalsolutions@standard.co.uk or write to Legal Solutions, Homes & Property, London Evening Standard, 2 Derry Street, W8 5EE. We regret that questions cannot be answered individually, but we will try to feature them here. Fiona McNulty is a legal director in the private wealth group of Foot Anstey (footanstey.com).