Lawyers or solicitor to sell a UK property.

[Formaleins]

Hopefully there is someone out there that might have experience with this sort of legal matter. Any recommendations or advice would be appreciated.

After my Mother died, my brother and I were left her home, which we need to sell.

It appears that the estate agents need some sort of letter from me via a solicitor or lawyer that will confirm my identity and also confirm my agreement to allow the house to be sold (it has been left to me and my brother, so it cannot be sold unless we both agree to sell)

 

Does anyone know what sort of solicitor or lawyer would be able to carry out this service? If anyone knows of a reputable one in Chiang Mai or Lamphun that can do this it would be great.

 

Thanks in advance!

[Delight]

  Firstly probate will need to be organised in the UK. This is simplified if your mother left a will.

Suggest that you ask your probate lawyer about your specific point.

[Formaleins]

3 minutes ago, Delight said:

  Firstly probate will need to be organised in the UK. This is simplified if your mother left a will.

Suggest that you ask your probate lawyer about your specific point.

Thanks, but as far as I am aware there is no requirement for probate(or my brother already has done it), just some sort of legalised document from me to agree to the sale and to confirm my ID etc. I am just wondering what type of legal firm here can carry out the requirements, i.e. no need to go to the British Embarrassment in Bangkok and get that shower involved?

Edited August 24, 2020 by Formaleins

[baansgr]

Ask the agent....most have a good working relationship with solicitors and would prefer to work with a solicitor they know.

[Formaleins]

2 minutes ago, baansgr said:

Ask the agent....most have a good working relationship with solicitors and would prefer to work with a solicitor they know.

The house is in the UK, I am in Chiang Mai, the UK estate agents have no connection with any law firms in Thailand. I am looking for a reputable law firm here in Chiang Mai that can provide some acceptable documentation to satisfy UK law.

[Jack Hna]

Why not just send them a video showing a load of photos of past with your mother along with a shot of your passport and a declaration that you agree to the sale. Mention and prove the date on the video.

 

Maybe those solictors will then realise common sense prevails and take it upon themselves to realise they have got the proof you requested and the fact it is visual, historical and documented should be more than sufficient.

 

 

 

 

[hotandsticky]

7 minutes ago, Formaleins said:

The house is in the UK, I am in Chiang Mai, the UK estate agents have no connection with any law firms in Thailand. I am looking for a reputable law firm here in Chiang Mai that can provide some acceptable documentation to satisfy UK law.

 

You could be wasting your time trying to second guess what the UK lawyers require. Most likely this is money laundering requirements - I had to provide similar in connection with an inheritance. I happened to be in the UK and I got my local lawyer to certify my ID and address verification.

 

I suggest that you email the UK lawyers, explaining that you are domiciled in Thailand, and ask them exactly what they require and who needs to certify. It is likely that you will get the stock answer that any documents need certifying by a Notary (there is a registry of Thai Notaries available).

 

ONLY take notice of the UK lawyers as THEY are the ones who will determine the precise requirements.

[Formaleins]

Just now, Jack Hna said:

Why not just send them a video showing a load of photos of past with your mother along with a shot of your passport and a declaration that you agree to the sale. Mention and prove the date on the video.

 

Maybe those solictors will then realise common sense prevails and take it upon themselves to realise they have got the proof you requested and the fact it is visual, historical and documented should be more than sufficient.

 

 

 

 

That is not a bad idea, however, usually solicitors have little common sense and like to make money!

[hotandsticky]

1 minute ago, Jack Hna said:

Why not just send them a video showing a load of photos of past with your mother along with a shot of your passport and a declaration that you agree to the sale. Mention and prove the date on the video.

 

Maybe those solictors will then realise common sense prevails and take it upon themselves to realise they have got the proof you requested and the fact it is visual, historical and documented should be more than sufficient.

 

 

 

 

 

 

I fear that you are being serious.

 

 

The UK lawyers will throw it in the bin.

[Formaleins]

1 minute ago, hotandsticky said:

 

You could be wasting your time trying to second guess what the UK lawyers require. Most likely this is money laundering requirements - I had to provide similar in connection with an inheritance. I happened to be in the UK and I got my local lawyer to certify my ID and address verification.

 

I suggest that you email the UK lawyers, explaining that you are domiciled in Thailand, and ask them exactly what they require and who needs to certify. It is likely that you will get the stock answer that any documents need certifying by a Notary (there is a registry of Thai Notaries available).

 

ONLY take notice of the UK lawyers as THEY are the ones who will determine the precise requirements.

Thanks! Appreciated, I hate all this legal garbage, Most of it seems like a money maker for people who do very little other than push pens.

[hotandsticky]

1 minute ago, Formaleins said:

Thanks! Appreciated, I hate all this legal garbage, Most of it seems like a money maker for people who do very little other than push pens.

 

 

Like Immigration here, they hold the power.

 

Whether you, or I, like it or not is irrelevant - do what they say if you want a positive result. In this case (like Immigration) ask them what they want.

Edited August 24, 2020 by hotandsticky

[Delight]

47 minutes ago, Formaleins said:

Thanks, but as far as I am aware there is no requirement for probate(or my brother already has done it), just some sort of legalised document from me to agree to the sale and to confirm my ID etc. I am just wondering what type of legal firm here can carry out the requirements, i.e. no need to go to the British Embarrassment in Bangkok and get that shower involved?

Probate is 100% required. You will never sell the house without it. 

If this process is now complete -I assume that there was no will.

Given this then your brother can sell the house.

With the money in his bank it is a simple matter of him transferring half to you.

 

Q 1.  Is there a will?

 

Q 2  What is the current situation reference probate.

 

Q3 Who (in the UK )  is asking for this proof of I.D.

Edited August 24, 2020 by Delight

[Formaleins]

1 hour ago, Delight said:

Probate is 100% required. You will never sell the house without it. 

If this process is now complete -I assume that there was no will.

Given this then your brother can sell the house.

With the money in his bank it is a simple matter of him transferring half to you.

 

Q 1.  Is there a will?

 

Q 2  What is the current situation reference probate.

 

Q3 Who (in the UK )  is asking for this proof of I.D.

OK interesting, like I said before I am not 100% sure. 

 

Point 1: The property is in a trust, we are beneficiaries. (and I believe executors of the will) There is two trustees, me and my brother, two executors, me and my brother. 5 beneficiaries. Me my brother and two grandsons.

 

So yes, there is a will.

 

Regarding probate, I cannot honestly say.

 

Lastly, the ID proof etc. is being asked for by the estate agents who are selling the house.

 

Clear as mud eh?

 

Edited August 24, 2020 by Formaleins

[Delight]

28 minutes ago, Formaleins said:

OK interesting, like I said before I am not 100% sure. 

 

Point 1: The property is in a trust, we are beneficiaries. (and I believe executors of the will) There is two trustees, me and my brother, two executors, me and my brother. 5 beneficiaries. Me my brother and two grandsons.

 

So yes, there is a will.

 

Regarding probate, I cannot honestly say.

 

Lastly, the ID proof etc. is being asked for by the estate agents who are selling the house.

 

Clear as mud eh?

 

Suggest that you get a copy of the will emailed to you.

The estate agent part is well down the   action list. 

 

Suggest that you firstly decide between yourself and your brother -who is going to move the process forward-i.e who is in charge.

With that in place I suggest that you engage the services of a UK based  probate lawyer.These are easy to locate on the net.

The will and details of the Trust must be with this probate lawyer. This lawyer will advise you of the full process.

 

Of course the probate process could be completed. It is not clear from what you state.

 

In which case the British Embassy should be able to help you with your I.D verification requirement.

From the UK position there is no higher authority than the British embassy.

[vinny41]

2 hours ago, Formaleins said:

OK interesting, like I said before I am not 100% sure. 

 

Point 1: The property is in a trust, we are beneficiaries. (and I believe executors of the will) There is two trustees, me and my brother, two executors, me and my brother. 5 beneficiaries. Me my brother and two grandsons.

 

So yes, there is a will.

 

Regarding probate, I cannot honestly say.

 

Lastly, the ID proof etc. is being asked for by the estate agents who are selling the house.

 

Clear as mud eh?

 

If you and your brother are Joint executors in the will, its unlikely that you have probate as both parties are normally required to swear the oath if probate is being handled as diy or Power of attorney would be required signed by both your brother and yourself if a probate company were handling your late mother's estate

Step 1 gather a list of all your mother assYoets and valued them 

Step 2 completed all inheritance tax forms

Step 3 Registered your Late Mother Trust with HMRC with details of the trustee's

Step 4 Completed probate application form and fees ( probate forms requires a tax reference number from HMRC

Once HMRC are satisfied with the inheritance tax submission they send a release code to the probate office 

You can advised the probate office that you don't wish to do the swearing of the oath and you can nominate your brother or anyone else to do it on your behalf

You should be aware that selling a property that is in trust is more complicated than if the property was under joint ownership of you and your brother at the moment its not it is the property of the Trust.

You will be required to provide proof of id to the conveyancing solicitor handling the sale of the house normally certified copy of passport is sufficent as you are unable to give them a copy in person

if your mother was living in the house at the time of her death her inheritance tax allowance for 2020 is £500,000 but as the house is in a trust her inheritance tax allowance is only £325,000 as she didn't pass the property onto her children

 

[Jack Hna]

7 hours ago, Formaleins said:

That is not a bad idea, however, usually solicitors have little common sense and like to make money!

The solicitor needs to perform due diligence in order to do the sale. Opens the door to do the real work for the real money.

[Jack Hna]

7 hours ago, hotandsticky said:

 

 

I fear that you are being serious.

 

 

The UK lawyers will throw it in the bin.

Yeah I have had a few legal eagles try to get foxy and look good for their clients. Their clients saw the light fast though. 

[topt]

On 8/24/2020 at 6:31 PM, Formaleins said:

If anyone knows of a reputable one in Chiang Mai or Lamphun that can do this it would be great.

I would post a request in the Chiang Mai forum and you may actually get a positive result.