probate and inheritance question about the rules please.

[des8]

So the property has never been registered.
Who has the title deeds then? It is there the answer lies on how the house was owned
On the gifting of the house in1984 the deeds should have been updated, but compulsory registration with Land Registry didn't start until 1990.

Regarding the wills I can't comment, but it might (note might) be worth investigating further if the solicitor is still around.

[ostell]

I Don't know when registration started but my own house bought in 1983 is on the list. Which brings up the question of was it properly transferred to your parents in in 1984. Houses either side are registered

What does you Nan's will say about the gift?

[M.Cox]

So the property has never been registered.
Who has the title deeds then? It is there the answer lies on how the house was owned
On the gifting of the house in1984 the deeds should have been updated, but compulsory registration with Land Registry didn't start until 1990.

Regarding the wills I can't comment, but it might (note might) be worth investigating further if the solicitor is still around.

Hi, The solicitor's who were dealing with the will of my late mother's estate have all of the deeds at there office right now but won't show them to me at all. Michael

[M.Cox]

I Don't know when registration started but my own house bought in 1983 is on the list. Which brings up the question of was it properly transferred to your parents in in 1984. Houses either side are registered

What does you Nan's will say about the gift?

Hi again, Sorry but I have never seen my nan's will as I was only 17 years old at the time. Michael

[ostell]

As you are a beneficiary of your mother's will ask them the straight question about the ownership of the house.

Are they the same solicitors handling your fathers estate?

[M.Cox]

As you are a beneficiary of your mother's will ask them the straight question about the ownership of the house.

Are they the same solicitors handling your fathers estate?

Yes, I believe that they are but they won't confirm this to me? All I get is she cannot say.......! Michael

[M.Cox]

Hi, Here is there previous e-mail to me about my case. Michael

Dear Mr Cox



I write further to our telephone conversation of 10 March 2021. I have now managed to secure your late father’s original Will (dated 1986). This has of course since been superseded by a subsequent Will which we now have a copy of.



I have now seen that Will which has been provided to us by your sister. I have also noted the situation in relation to the deeds.



Given that your sister is the sole executrix of your late father’s Will, it will fall upon her to deal with your late father’s property at 89 Clarence Road, Stony Stratford.



Clearly you have an interest in the property by virtue of your late mother’s Will.



It is right and proper that we should engage in communication with your estranged sister to inform her of the current situation so she is aware of the manner in which the property is to be divided.



Your late father’s property is currently unregistered.



Prior to your sister being in a position to have the right to conduct any “dealings” with the property she will need to secure a Grant of Probate.



I understand you would wish us to act for you in relation to these matters. We are of course happy to do so.

[ostell]

There is something cagey about the response of an interest in the house. Again, I would ask them exactly is the status of the ownership of the property. If your mother and father had tenants in common ownership of the property then half is yours and she does not have the right to sell without your consent.

[M.Cox]

There is something cagey about the response of an interest in the house. Again, I would ask them exactly is the status of the ownership of the property. If your mother and father had tenants in common ownership of the property then half is yours and she does not have the right to sell without your consent.

Hello, This makes sense to me as when my mother was dying with cancer in 2016 she phoned these solicitors and they said the very same thing to her IE: they can't sell the house without her signature! And I said good. Michael

[ostell]

It could be that they "forgot" to handle putting your name on the deeds or registration and if your mother died after 1990 then, as Des8 explained, there should have been changes to the registry.

Only guessing but perhaps the intention was that your mother would give half the house to you and your father to give the other half to daughter. This has perhaps been misinterpreted in the drawing up if the wills.

I presume that there is no reason that you know of for your father to exclude you from inheriting.

Out of interest what did your mothers will say about the house?

[EnglandPi]

You can get a copy of the deeds from the land registry for £3.00

[ostell]

You can get a copy of the deeds from the land registry for £3.00

Please see post #13

[M.Cox]

It could be that they "forgot" to handle putting your name on the deeds or registration and if your mother died after 1990 then, as Des8 explained, there should have been changes to the registry.

Only guessing but perhaps the intention was that your mother would give half the house to you and your father to give the other half to daughter. This has perhaps been misinterpreted in the drawing up if the wills.

I presume that there is no reason that you know of for your father to exclude you from inheriting.

Out of interest what did your mothers will say about the house?

Hi, No they did not forget, I was told that a piece of paper with my name on it was put in with the deeds? They said. Michael

[ostell]

Des8 will correct me but if you should have been added to the deeds then the change should have been registered

[M.Cox]

Hi again, Also when I went to the will reading I was told that if me and my farther wanted two sell the house we would booth have to agree on a price together! So am I right in guessing that this house would be a: "tenants in common" type thing? Michael