Who pays the land registry/solicitor fees - the estate or the beneficiary?
In the estate in question there are several parcels of land some with charges some without
parcel 1
There are no charges or debt and it appears the title can pass by assent to a single beneficiary with a small land registry fee.
Potentially the executors could do this, but may ask the solicitor to do it along with the other transfers below.
Parcel 2
There is a charge on the land and a debt in the name of the deceased.
The single beneficiary will take on the debt, and is in direct discussions with the lender about this.
This will almost certainly require a solicitors input and so fees.
Parcel 3
There is a charge on the land and a debt in the name of the deceased.
There are two beneficiaries and the title will be split.
One beneficiary will take on all the debt, and is in direct discussions with the lender about this.
This will almost certainly require a solicitors input and so fees.
The question in all three cases is who is responsible for the fees incurred on removing/renewing the charges and the associated solicitors fees and land registry costs.
All the gifts of land/property are specific gifts.
There is not a lot of cash in the estate so it may well have to abate pecuniary gifts. This makes it important that the fees are paid from the correct pot.
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