Trusts/Will

[Poppy123!]

Hi

Newbie here!

The answer to this may be relatively straightforward (i live in hope) but i can't seem to get the answer from the research i've done. It may be i need to instruct a Solicitor but i feel like i should be able to work it out!

Basically my mum died 2 years ago. We couldn't locate the will but knew mum had given everything to dad - very straightforward. My dad has recently been poorly and we have been sorting through his ridiculously high pile of documents and found the will.

I have found some land registry documents (severance of joint tenancy) and my mum's will. The will appointed 3 trustee's including my dad and those trustees have been given her share in the house. From what i can see, 20 years ago they severed the joint tenancy and basically have tried to protect their individual share in the property should perhaps either of them need care or similar. The property/estate is less than £200k so i know doesn't reach the IHT threshold.

Does anyone know, do we (i am a trustee) need to do anything with the Land Registry to say that she has died and substitute her name with the three trustees?

Thanks in advance

[dslippy]

Yes you do. Read other threads to see the knots people get tied up in through doing nothing.
Who are the executors of the will?

[Sam101]

The land registry severing the joint tenancy may have been done so that your Mum could gift her part of the house to chosen beneficiaries. Had the house remained as Joint tenants, then your Mum's part would automatically be owned by your Dad when she died.

However, as it seems that they each owned half and she gifted her part to others, does the Will say something to the effect that your Dad has the right to live there until he dies. This is often the case, but check the wording carefully.

If hat wording is present, then the beneficiaries do not have any control until your Dad dies, at which time the ownership can be split, or if the property is to be sold, then the executors can arrange the distribution to beneficiaries.

The confusing matter is that you mention 20 years ago? This needs to be cleared up as the wording of the Will should supply sufficient information to deal with this, but it may require a solicitor to help.

Who were the other Trustees?

It could be that the gifts were made to the TRust to be distributed after your fathers death and you need to make sure of this, so a solicitor is probably the best solution. If you know the solicitors who drew up the Wills, you may be able to negotiate the fees for their help.

[des8]

The executor(s) of your mother's will need to apply for a grant of probate.(presumably no one obtained a grant of letters of administration)
They can then distribute your mother's estate in accordance with the will, (including registration of the property)

Have you checked with the Land Registry files that the joint tenancy was severed?
you can get a copy of the file here for £3 https://www.gov.uk/search-property-i...-land-registry

[dslippy]

Get the grant - executors'.
Serve a death certificate at the land registry. From what you say if there are two trustees left, they simpoly become the owners of th legal title. HMLR are not interested in the beneficial title.
Again, who are the executors - they receive the beneficial share of the person who died, and vest it in the beneficiaries under the will. It does not pass automatically, and it is better if they are on the legal title.

[Poppy123!]

This is all hugely helpful- thank you all. I hear the warning sign about Solicitors.

Just to flag in answer to the questions (apologies you all have similar questions re executors)

The executors under my mums will are myself and my husband . We are also the trustees along with my dad. Incidentally we are also the executors under my dads will.

In terms of beneficiaries , my mum stated that if dad died first then there were a number of different beneficiaries (which I presume does not have any relevance because my dad survived her).

It seems to me, that I need to obtain grant of probate first then serve that and the death certificate (along with the will I assume confirming about the trustees) on the land registry and get her share of the title transferred to the new legal owners ie the three trustees.

Again, I am hugely thankful for any guidance. I am tying myself in knots.

[Poppy123!]

Sorry, just to confirm as well. The joint tenancy was definitely severed, they did it 20 years ago when mum wrote her will. I think that’s the only significance re time of 20 years elapsing.