intestacy inheritance

[cormorant]

I am one of three brothers. Mother died in 2008 and left the family home to the eldest brother who was single and remained so until he too died in 2013 . This left myself and one older brother. We inherited the property through intestacy . I have been told that the property would be on a joint tenancy basis. Unfortunately the said property was never registered with the land registry until I myself registered it. Further to this my second brother died in 2014 , before the registration was completed and was in my name only. My sister-in-law claims that half the proceeds should be hers but I disagree. Apart form the fact that under a joint tenancy the surviving owner has the whole of the property or proceeds , my brother and I had an agreement that should one survive the other , he takes all . An agreement she was a party to but now vehemently denies any knowledge of. Can anyone clarify this situation for me please.?

[Debt Camel]

Re: intestacy inheritance

I have been told that the property would be on a joint tenancy basis.

This seems to be the crucial question - who told you this?

Unfortunately the said property was never registered with the land registry until I myself registered it. Further to this my second brother died in 2014 , before the registration was completed and was in my name only.

I am not sure that registration makes any difference to legal ownership.

my brother and I had an agreement that should one survive the other , he takes all . An agreement she was a party to but now vehemently denies any knowledge of.

Was this agreement in writing? Did your brother leave a Will?

[cormorant]

Re: intestacy inheritance

the info about joint tenancy was given by a retired barrister. the agreement was unfortunately verbal , which is why my sister -in-law has the opportunity to deny its existence.the share of the property was not mentioned in his will.

[Debt Camel]

Re: intestacy inheritance

the info about joint tenancy was given by a retired barrister

OK, I am not saying this is wrong, just that I have no knowledge of this. I think you do need to get legal advice on this from a solicitor who specialises in probate / inheritance unless [MENTION=6]Amethyst[/MENTION], [MENTION=2]Celestine[/MENTION] or one of the other lawyers here is familiar with this area?

the agreement was unfortunately verbal , which is why my sister -in-law has the opportunity to deny its existence.the share of the property was not mentioned in his will.

An oral agreement will not over-ride a Will. It doesn't matter if you SiL denies its existence or not, the executors will have to follow what is written in the Will.

[des8]

Re: intestacy inheritance

You don't mention if your last brother left a will or not.
From your post I'm guessing not.
If you take Debt Camel's advice and consult a solicitor do be very aware of the high cost of contentious probate.
It can soon swallow up a great portion of the estates assets, and it might be worth while negotiating with sil

[cormorant]

Re: intestacy inheritance

second brother left a will but the property was not mentioned in it. the property is registered in my name only as he passed away before completion.

[Debt Camel]

Re: intestacy inheritance

second brother left a will but the property was not mentioned in it.

There would normally be a residuary estate clause in a will which says that anything not specifically mentioned should be left to X.

the property is registered in my name only as he passed away before completion.

I think that is probably irrelevant.

I think you need proper legal advice on your situation - not what some retired barrister said to you, not what someone on an internet forum says. I am not a lawyer and what I have said here is not legal advice.

Depending on what that advice is, you will be in a better position to come to a compromise arrangement with your SiL. As [MENTION=39710]des8[/MENTION] says, contentious probate litigation is very expensive - if you can't come to an agreement, the lawyers may be the only people that end up the winners.