Buying Inherited Site

[iceblue]

I am interested in buying a site that an auctioneer has currently advertised for sale. However, I have come to know through Land Registry Records that the vendor is not the official owner of the site!
Her uncle, who passed away years ago, is the registered owner. His sister went on to live in the family home until she too passed away recently. This niece is the only surviving family member and does not live on the land in question.
Can she sell this site?
What process needs to be followed in order for her to be legally able to sell this site? I understand both the uncle and mother passed away without leaving a Will.
There are a lot people interested in buying this site, including me. I intend to by-pass the auctioneer (who is clearly advertising site without even checking who owns it!!) and feel if my offer came with the promise of helping her through the legal, tax and paperwork minefield it may just swing my way.
Firstly I would need to understand exactly how she would go about transferring the property to her name. As she is the only surviving member of the entire family, I can’t see anyone contesting that she does own it, nor do I believe there are any right of way issues etc.
Advise anyone?

 

[mathepac]

There may be nothing sinister in this, it may simply be an executor's / administrator's sale, where on completion of the sale, title in the property passes from the deceased to the purchaser without ever necessarily being registered in the names of the executor or beneficiaries. It is very common.

 

[mf1]

"I intend to by-pass the auctioneer (who is clearly advertising site without even checking who owns it!!) and feel if my offer came with the promise of helping her through the legal, tax and paperwork minefield it may just swing my way."

Why by-pass the auctioneer? She has appointed someone to act for her. There are lots of people interested in the site. Are you trying to take advantage of her?

You don't know there is a minefield waiting there. She will have her own solicitor - as should you - to deal with matters.

mf

 

[iceblue]

Hi Mathepac

Could you expand on what you mean by executor's / administrator's sale?

What exactly happens in this instance as regards the role of the vendor, executor and auctioneer.

If the land is never registered in the vendor's name, are they liable for inheritance tax?

 

[mf1]

Hi Mathepac

Could you expand on what you mean by executor's / administrator's sale?

What exactly happens in this instance as regards the role of the vendor, executor and auctioneer.

If the land is never registered in the vendor's name, are they liable for inheritance tax?

Why does it matter to you as a purchaser? These are not your issues.

mf