Q&As

An individual chargee dies. The executors wish to transfer the charge into the name of the beneficiary. What is the process for updating the proprietor of the charge at HM Land Registry? Will HM Land Registry register the beneficiary as proprietor of the charge on sight of a death certificate and grant of probate?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 13/02/2017

The following Property Q&A Produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • An individual chargee dies. The executors wish to transfer the charge into the name of the beneficiary. What is the process for updating the proprietor of the charge at HM Land Registry? Will HM Land Registry register the beneficiary as proprietor of the charge on sight of a death certificate and grant of probate?

The death of a chargee does not extinguish the liability owed by the chargor and secured by the charge, save in certain specific circumstances. Rather, the liability passes to the estate of the deceased, which will likewise wish to benefit from the security provided by the charge, or may wish to seek to enforce the liability in some other way, but whilst benefiting in the meantime from the security that the charge offers.

The first step is often to register the personal representative or representatives of the charge as the proprietor thereof, in place of the deceased. This will ordinarily be the case where there are various assets which need to be gathered in and distributed in accordance with the provisions of the will, but where the sum secured by the charge falls within the general estate, rather than being left specifically to a beneficiary, or whe

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