probate and inheritance question about the rules please.

[M.Cox]

Hi and hello to you all, I have received this e-mail from my solicitor and I have a question.
My late farther has died and left his half of my late mothers house to my sister who I don't get on with at all!
So I said yesterday to my solicitor's to communicate for me. And this is there reply.

Dear Mr Cox



Thank you for your query. Whilst you are a beneficiary to your mother’s estate, the legal title upon your father’s passing now vests (once she has secured probate) on your sister. Accordingly, there is no legal right you have in reaching agreement over the correct market price at which the property is to be sold.



However in the letter that I will be preparing to your sister, (a draft of which will be sent to you first for your perusal), I will be indicating that given that you have a shared interest in the net sale proceeds it is right that you should also be consulted in relation to the appropriate market price for the property.



Kind regards,

So is this correct, And also I haven't had a key for my mother's house since (2016) five years now! And I also never got any of my late mothers belongings from the house either!

Thanks for any help, Michael Cox

[ostell]

So what was in your mother's will?

[M.Cox]

Hello again, I also read that she can keep the money for up to one year? What happens if she has spent it all by then?

[M.Cox]

So what was in your mother's will?

A list of her belongings and her share of the house (Half). Mick

[ostell]

So you were bequeathed some of her belongings? And you were specifically given half of the houose.

If there was money specifically left to you then you should still get it. Who was the executor of your mothers will?

[M.Cox]

So you were bequeathed some of her belongings? And you were specifically given half of the houose.

If there was money specifically left to you then you should still get it. Who was the executor of your mothers will?

Hi Ostell, I was the sole executor and beneficiary on the will. Mick

[EnglandPi]

Hi Ostell, I was the sole executor and beneficiary on the will. Mick

This post makes no sense. If you are sole executor and beneficiary what has your sister got to do with anything and how can a non executor apply for probate when you are the sole executor?

[M.Cox]

This post makes no sense. If you are sole executor and beneficiary what has your sister got to do with anything and how can a non executor apply for probate when you are the sole executor?

Hello, I was only the sole executor and beneficiary on my late mothers will, and not my farthers or on his will this is my sister only. And only she can sell the house for any price! IE: to herself or a friend for just a £1.00? This is the/my problem that I've just been told? Re-Post no one. Mick

[des8]

Who owns this house?

Was it owned by your mother and father as Joint tenants or tenants in common?

Your mother passed first and left you her share of the house?
Did you register the change of ownership with Land Registry?

Your father has now passed and left a will in which he gives his share of the house to your sister?


From the solicitor's letter it seems that your parents owned the house as joint tenants.
This would mean that on your mother's passing sole ownership passed to your father, regardless of your mother's will.
This would mean your sister has full ownership of the property and as such can sell it or otherwise as she wishes.

Your solicitor indicates you have some sort of shared interest, but does not indicate whether this is legal or moral.
You should go back to your solicitor and ask him to explain

[M.Cox]

Who owns this house?

Was it owned by your mother and father as Joint tenants or tenants in common?

Your mother passed first and left you her share of the house?
Did you register the change of ownership with Land Registry?

Your father has now passed and left a will in which he gives his share of the house to your sister?


From the solicitor's letter it seems that your parents owned the house as joint tenants.
This would mean that on your mother's passing sole ownership passed to your father, regardless of your mother's will.
This would mean your sister has full ownership of the property and as such can sell it or otherwise as she wishes.

Your solicitor indicates you have some sort of shared interest, but does not indicate whether this is legal or moral.
You should go back to your solicitor and ask him to explain

Yes, This is mostly right. I did ask these solicitors to register the house but they refused and said that it wasn't a legal requirement? And I tried again in 2019 with no success again. And yes it was in both/jointly own before my mother's death in: 2016 and then her half went to me I though? My mother changed her will in: 2002 to me (Sole) only! Michael Cox

[ostell]

You need to determine if the property was held as tenants in common or joint tenants. There is a major difference between the two.

It may be worth your while to go on to the land registry site and download a copy of the title register. Cost is £3. That will say who owns or owned the house. Do this quickly before anyone gets in there to change it.

If you were left specific items that were left in the house then ask the sister for them.

[des8]

I regret your solicitor is correct if the house was owned as joint tenants
If your parents wanted the house to pass, when they had both died, in equal shares to you and your sister it seems their wills were not drafted in accordance with their wishes ..... but that is a whole different matter

[M.Cox]

Hi again, The house was never registered and was purchased new buy my grandfather in 1928 and was a gift to my parents in 1984 IE: my nan's will. Michael
Here is the information:-

Find a property - purchase documents
Address:89
Clarence Road
Stony Stratford
Milton Keynes
MK11 1JF
Tenure: n/a

Price Paid/Value Stated Data:
n/a

Sorry, we do not have a record of any titles for this property. This does not necessarily mean that the property is unregistered.

[M.Cox]

I regret your solicitor is correct if the house was owned as joint tenants
If your parents wanted the house to pass, when they had both died, in equal shares to you and your sister it seems their wills were not drafted in accordance with their wishes ..... but that is a whole different matter

Hello again, So my mother and me both paid thousands of pound's for nothing? To a dud solicitor who never told my mum or me about this situation.

This should be illegal if you ask me. Michael Cox

[M.Cox]

Again thanks for all your help. Michael Cox (I'm not mad at you guy's) It's my situation that I'm mad about.