probate and inheritance question about the rules please.

[M.Cox]

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

Yes, I phoned the registry and they said that I could do this myself, And this is what I tried to do in: 2019 and I asked for the deed's to do this myself and they flatly refused me! Michael

[M.Cox]

Again I do appreciate all of your help, And ironically on mother's day and my mother passed on the: 19th of March 2016 R.I.P.
Michael

I also got the online one and payed the £1.50 for the download version of my late mother's will.
Here:-

Order placed Surname First name Date of death Estimated delivery Available until
10 May 2017 COX, BRENDA MAVIS 19 March 2016 12 May 2017 11 June 2017

[ostell]

I've just changed the registry entry to add my wife as joint tenant. Helpful guides, not rejected yet. Most difficult was sorting out proof of identity.

2 months before it is available!!

It does sound as though it was tenants in common.

[des8]

Land Registration Act 2002 sec 4 (1) (a) (i) reads:

(1)The requirement of registration applies on the occurrence of any of the following events—

(a)the transfer of a qualifying estate—

(i) ..... by way of gift


Now if your mother's share of the house was gifted to you on her passing in 2016 it should have been registered for the first time.
One problem that arises is your age at that time as, one can't inherit property until you are 18. Until then the land has to be held in trust for the minor.
The other problem is that you do not know how the house was owned by your parents.

It might (repeat might) be that the solicitor was trying to avoid all the work that was going to be entailed in a first registration and the setting up of a trust


If only the one solicitor has been handling all these matters it might be worthwhile consulting another solicitor to get a professional opinion.

[M.Cox]

Land Registration Act 2002 sec 4 (1) (a) (i) reads:

(1)The requirement of registration applies on the occurrence of any of the following events—

(a)the transfer of a qualifying estate—

(i) ..... by way of gift


Now if your mother's share of the house was gifted to you on her passing in 2016 it should have been registered for the first time.
One problem that arises is your age at that time as, one can't inherit property until you are 18. Until then the land has to be held in trust for the minor.
The other problem is that you do not know how the house was owned by your parents.

It might (repeat might) be that the solicitor was trying to avoid all the work that was going to be entailed in a first registration and the setting up of a trust


If only the one solicitor has been handling all these matters it might be worthwhile consulting another solicitor to get a professional opinion.

Hi, I was 48 in March of 2016. And I did go to another solicitor and he said that I must get a key and access to my own house. But I never did! Also I did phone the land registry and they said that it is NOT a legal requirement! I had to press this issue but they did confirm that this was true. Michael

[des8]

Hi, I was 48 in 2016. And I did go to another solicitor and he said that I must get a key and access to my own house. But I never did! Also I did phone the land registry and they said that it is NOT a legal requirement! Michael

On a rereading you were 17 at the time of your NAN's passing... apologies & a reminder to self to check all details before typing

If the Land Registry advice was correct (and do note they are not supposed to give legal advice!) I can only assume the property was held by your parents as joint tenants.
But in that case the house would not be yours and the advice from the solicitor is wrong!

Was that a recent visit to the solicitor?

[ostell]

Shame you can't get a copy of your mum's will more quickly.

The solicitor is saying you should be consulted about the sale but won't let you see the deeds so you can't determine why.

[M.Cox]

On a rereading you were 17 at the time of your NAN's passing... apologies & a reminder to self to check all details before typing

If the Land Registry advice was correct (and do note they are not supposed to give legal advice!) I can only assume the property was held by your parents as joint tenants.
But in that case the house would not be yours and the advice from the solicitor is wrong!

Was that a recent visit to the solicitor?

Yes, one week ago. Michael

[M.Cox]

Shame you can't get a copy of your mum's will more quickly.

The solicitor is saying you should be consulted about the sale but won't let you see the deeds so you can't determine why.

Hi again, As I said I already have my mum's will from: (2016). Michael

"The solicitor is saying you should be consulted about the sale but won't let you see the deeds so you can't determine why."

Yes, That is correct.

And in: 2016 the solicitor told me that half of my late mum's house was mine at that time! Michael

[ostell]

So what is the wording on in the will that gives you half the house?

[M.Cox]

So what is the wording on in the will that gives you half the house?

Hi, I don't understand what you mean? Michael

I think you mean the wording in the will that say's I own half of the house? Of which there is none!

As I said at the time the solicitor told me she also had the deed's with her at that time also.

[des8]

In post 4 in answer to the question "So what was in your mother's will?"
you answered "A list of her belongings and her share of the house (Half). Mick"

Are you now saying your mother did not leave her share of the house to you in her will?

[M.Cox]

In post 4 in answer to the question "So what was in your mother's will?"
you answered "A list of her belongings and her share of the house (Half). Mick"

Are you now saying your mother did not leave her share of the house to you in her will?

Yes, Post 4 is correct. As I have already been asked. This is what the solicitor told me at the time!

To be precise: 4.1.2 "hold the remainder (my Residuary Estate) as set out below".

If you want me to find anything let me know and I will try to find it for you. Michael

[des8]

I am now thoroughly confused

So what was the meaning of post 41?

Rather than drip feeding odd phrases from your mother's will, perhaps a fuller version..........

[M.Cox]

I am now thoroughly confused

So what was the meaning of post 41?

Rather than drip feeding odd phrases from your mother's will, perhaps a fuller version..........

Hello, I am confused also. The will does not say "house" sorry is this what you mean? Michael