When you make a will, it’s important that it reflects the actual legal position of the assets you own. This is especially true for property. That’s why, as part of our will‑writing process, we obtain an official copy of the HM Land Registry title documents for any property you own.
This quick and inexpensive check helps ensure your will works exactly as you intend. So, why do we check Land Registry Title documents when preparing your will?
It Confirms How You Own Your Home
Many people are surprised to learn that the way a property is owned affects how it passes on death.
– Joint tenants – the property automatically passes to the surviving co‑owner.
– Tenants in common – your share forms part of your estate and can be gifted in your will.
A title check removes any doubt and ensures your will is drafted correctly.
It Highlights Mortgages, Restrictions or Other Interests
The title register shows mortgages, notices and restrictions. This helps us understand whether your property will pass with any debts attached and whether any special wording is needed in your will.
It Identifies Whether the Property Is Freehold or Leasehold
Leasehold homes can involve extra considerations such as the length of the lease and any obligations in the lease. Knowing this allows us to give better advice.
It Makes Your Will Clear and Easy to Administer
If you leave a specific property in your will, we want to ensure it is accurately identified, including any adjoining land or rights. Clear drafting reduces the risk of confusion or disputes.
It Can Reveal Issues You Might Not Be Aware Of
A title check can sometimes uncover important information, such as:
– a property still held jointly after a divorce
– a property owned in trust rather than personally
– a family member unexpectedly appearing on the title
– company ownership rather than personal ownership
Spotting these issues early means we can give you the right advice and make sure your will achieves what you want.
Why do we check Land Registry Title documents when preparing your will?
Most of the time, a title check simply confirms what you already know. But when it doesn’t, identifying the issue early can make a significant difference to how your estate is structured and how smoothly things run for your loved ones.
It’s a simple step that helps us draft a will that truly works for you.
