probate and inheritance question about the rules please.

[M.Cox]

Thanks again for all your help, We (Both) have now put the house on the market for sale. Michael Cox

[M.Cox]

Hi again, The house is not on the market as we cannot prove ownership IE: it has never been registered ever! So now I'm knackered. Mick

[des8]

Hi again, The house is not on the market as we cannot prove ownership IE: it has never been registered ever! So now I'm knackered. Mick

That problem is sortable...http://www.gov.uk/government/publica...t-or-destroyed

[Manxman]

Hi again, The house is not on the market as we cannot prove ownership IE: it has never been registered ever! So now I'm knackered. Mick

No you aren't - see DES8 at #63.

You really need your own solicitor OR... read my post #60 again...

[M.Cox]

Hi again, The house is not on the market as we cannot prove ownership IE: it has never been registered ever! So now I'm knackered. Mick

Thanks again DES8, I'm on it now. Mick

[M.Cox]

No you aren't - see DES8 at #63.

You really need your own solicitor OR... read my post #60 again...

Hi Manxman, I spoke to my Solicitor yesterday and I forgot to ask about this issue. Mick

[M.Cox]

Hi all again, I cannot print this document off as I have no printer and because of covid19 all of the computers at my local library have been taken away! So if I pay one of you could/would you kindly print off this form for me and send it to me in the post please? Mick

[M.Cox]

Hi all again, I have got the local land charges for my late mothers address, And I've been told by my estate agent it is a "load of rubbish" and does not not prove anything at all? And that the house could well have be rented and NOT owned at all!

So now I have another problem to sort out. Mick

[des8]

Have you followed the link in post 63 to register the property.

You won't be able to sell with Local Land Charges as you need to prove you have at least a possessory title to the property

[M.Cox]

Hello DES8, what is a "possessory title to the property" ? I don't think that I have one.

I don't think that I can sell this house at all. Mick

[des8]

If you read that link you will find that your title would be based on your de facto possession of the property, and not because you can prove legal ownership

[M.Cox]

Have you followed the link in post 63 to register the property.

You won't be able to sell with Local Land Charges as you need to prove you have at least a possessory title to the property

I wish I new this before I downloaded it today for £15.00 "The Local Land Charges" And also I have now been told that NO estate agent will except this ST3 document! As anyone may make a new claim on the house up to 12 Years after it's issue? Mick

[des8]

Don't know why you had to pay£15 as all those forms are available free on line through government and land Registry sites.

However you can sell and buy properties with possessory titles.
It is never going to be straight forward as any potential purchaser will (if sensible) want to do in depth searches.
The value of the property will be adversely affected (if you are the seller) but could prove a bargain for the buyer, who will also (if sensible) require an
indemnity policy.

Just read back and note you inherited your mother's interest in the house when you were 17.
As a minor you would not have been able to own your share of the property and it should have been held in trust for you until your 18th birthday.
I think the same solicitor is handling probate for your sister dealing with your father's will as handled your mother's will and your inheritance.
If that is so, from what you have stated it seems she has been far from open with you.
She should be able to tell you exactly what the position was vis a vis your inheritance from you mother, altho' regarding your father's will she will only speak with your sister who instructed her.
I wonder if there is a conflict of interest here

You might wish to consider instructing another solicitor to act on your behalf as it seems something may be smelling in Denmark

[Manxman]

Hi Manxman, I spoke to my Solicitor yesterday and I forgot to ask about this issue. Mick

If you have gone to the expense of engaging your own solicitor I suggest you ask them what you need to do in this situation otherwise you are wasting your time and money...

[M.Cox]

If you have gone to the expense of engaging your own solicitor I suggest you ask them what you need to do in this situation otherwise you are wasting your time and money...

I will do, Thanks Mick.