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Title Deeds

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  • Title Deeds

    My Dad passed away 13 years ago and my mum has changed her will last year to leave me the house as I look after her and have significantly less money that my brother. However my brother has found this clause on the deeds and says that I can't have the house. I think my dad put this clause on the will to stop potential care home fees. The solicitor didn't mention this when mum changed her will and left me the house. Please could you explain what it means?

    'No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court'.
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  • #2
    Who is/are registered as proprietor?

    That wording suggests that there are 2 persons (or more) shown as registered proprietor, the other probably being your late father. In turn that suggests that the terms of your late father's will regarding the property have not been formally implemented.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

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    • #3
      Originally posted by atticus View Post
      Who is/are registered as proprietor?

      That wording suggests that there are 2 persons (or more) shown as registered proprietor, the other probably being your late father. In turn that suggests that the terms of your late father's will regarding the property have not been formally implemented.
      Hi it says on the Title Register the following

      Registered Owners 'My Mums Name Only'

      B: Proprietorship Register This register specifies the class of title and identifies the owner. It contains any entries that affect the right of disposal.
      Class of Title: Title absolute

      Entry Number Entry Date

      1 1986-07-31 PROPRIETOR: 'Mums Name Only' of 'Mums House Address'.

      2 2006-03-13 RESTRICTION: No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court.


      Does that shed any further light on it? Many thanks for your help, I really appreciate it,

      Comment

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