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Thomas
Thomas, Solicitor
Category: Family Law
Satisfied Customers: 7602
Experience:  UK solicitor
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Two sisters aged 87 and 89, never married and lived together

Resolved Question:

Two sisters aged 87 and 89, never married and lived together all their lives.
One sister has died recently (leaving no will) and my husband and I were asked to assist as the remaining sister says that she has to change the land registry as the house was registered under the names of the deceased sister and her mother. There were also two brothers, both deceased.

Doreen seems to think that it will be a straightforward act as the sisters have lived in their house for 56 years and we have booked an appointment with a solicitor for next week. My husband is going with her.

We are frightened that a seemingly frail old lady may make her position vulnerable and would like advice on how to proceed with the least upset and cost.

Many thanks

We have booked an appoi
Submitted: 3 years ago.
Category: Family Law
Expert:  Thomas replied 3 years ago.
Hi,

Thanks for your question.

Did the deceased sister have a Will? If so, did this name the other sister as the executor of her estate? Did it also name her the beneficiary?

Kind regards,


Tom
Customer: replied 3 years ago.

As mentioned above, no will was made. Luckily the sisters had bank accounts in joint names so there is no problem with that.

Expert:  Thomas replied 3 years ago.
Apologies for that.

I note you have stated she was unmarried but can you please also confirm that the deceased sister did not have any children or parents living at the date of her death?

Kind regards,


Tom
Customer: replied 3 years ago.

Mother died 20 years ago.


Neither Doreen nor her recently deceased sister and deceased brothers ever married nor do they have any offspring

Expert:  Thomas replied 3 years ago.
Okay, thanks.

What happened with their mother's estate when the mother passed away?

Who inherited the mother's estate? Was it the sisters together?

Kind regards,

Tom
Customer: replied 3 years ago.


The property was purchased in the name of the mother and the deceased sister, I presume when the mother died it would then be the property of said sister

Expert:  Thomas replied 3 years ago.
Thanks. Drafting your answer now. 5 mins please.

Kind regards

Tom
Expert:  Thomas replied 3 years ago.

Hi

Thank you for your question and patience, I’m Tom and I’ll try to help you.

Basically,if
1) The deceased sister and her mother held their interests in the property as “Joint Tenants” and not as “tenants in common”, OR
2) The mother’s estate passed or should have passed (whether by Will or Intestacy) to either or both of the sisters
..then it will be fairly easy to sort out.

If the mother’s estate should have passed to someone else other than the sisters or as well as the sisters, then it’s going to take a fair bit of sorting out.

If the deceased sister did not make a Will then her estate will pass to the living sister by virtue of the intestacy rules, since she does not have any living husband, children, parents or other living siblings.

However, in order to transfer her interest in the property to the living sister she will have to obtain letters of representation from the probate registry. This is required if the deceased held a property and must be produced to the Land Registry in order to effect the transfer of title

The mother’s share in the property will be easily sorted out if the property was held as “joint tenants” because you will only need to show the death certificate for the mother in addition to the above letters of representation.

The mother’s share will also be quite easily sorted out if a grant of probate or letters of administration were obtained by the sisters and they were the proper beneficiaries of the estate, since you would only have to show the grant of probate or letters of administration.

If there was another person who should have inherited the estate of their mother then it’s going to be very difficult to sort out, because that person will have to be contacted and consulted.


My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.


Kind regards,


Tom
Customer: replied 3 years ago.

Many thanks for this - I will speak with my husband this evening and check that he has no further questions.

Expert:  Thomas replied 3 years ago.
No problem. Just reply to this thread if you do.

Kind regards,

Tom
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