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Can house owned as joint tenants be part of a will trust?

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  • Can house owned as joint tenants be part of a will trust?

    My mum died two months ago. She and I owned a rental property as joint tenants, which reverted to me by survivorship. The Land Registry was informed of her death and I have a copy of the new deeds.

    My mum held the contract with the letting agent and I had no involvement. The rental income helped pay for her care fees.

    The rental agent is refusing to communicate with me about the house, or to release the rental money to me. She says she had been told that the house was held in trust in mum's will so until there's probate she does not accept my involvement.

    This seems bizarre to me. I've not yet been able to confirm anything with the solicitor holding the will, as they had a problem finding it. But as a property held as joint tenants isn't normally part of the will, how can this be so?
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  • #2
    income is one thing; title to the property another. I think the agent is right.
    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 the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

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    • #3
      Thank you Atticus. The rent money itself is the least of my problems at the moment, but I do need to be able to discuss the future of this property with the agent, which she's not prepared to do. The original executors have renounced the role, so it is now down to me and my brother to sort out probate etc.
      Also my mum has massive care debt (way beyond her estate, even if we add in the house's value) and I expect an invoice from the council very soon and a possible forced sale.
      So this is an added complication that I really don't understand and don't know how it will affect the process going forward.

      Clearly I'm going to need to get advice, but anything you can enlighten me about in this area would be very welcome. I am so out of my depth.

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      • #4
        After a quick Google, another question.
        If the three executors have renounced their position, does that mean they are also no longer trustees of the trust?

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