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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10585
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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Hi I have a problem. When I and my parents bought our house

Resolved Question:

Hi I have a problem. When I and my parents bought our house we did it under the joint tenants .right of survivorship. Now my farther has passed has left his share to my mother.we were under the understanding that when one of us passes the it would be that we would own it equally. .please help
Submitted: 3 years ago.
Category: Law
Expert:  Aston Lawyer replied 3 years ago.
Hello and thanks for using Just Answer.

My name is XXXXX XXXXX am happy to assist you with your enquiry.

Could you please clarify that you did indeed all buy the Property as Joint Tenants, and that at some point after you purchased, that your father severed the joint tenancy so that you became tenants in common?

If so, is your mother happy to "convert it back" so you and her become joint tenants again?

I look forward to hearing from you.

Kind Regards
AL
Customer: replied 3 years ago.

No that did not happen it has alway been joint tenants

Expert:  Aston Lawyer replied 3 years ago.

Hi Andrew

Thanks for your reply.

"Joint tenants" means that upon death, the property does pass automatically to the survivors equally.

"Tenants in common" means that you all 3 held a separate one third share each, so I assume this is the way the property was being held, and that you now own a one third share and your mother is to own two thirds.

Is your mother happy to convert ownership to "Joint tenants"?

Kind Regards
AL

Customer: replied 3 years ago.

Its not held as tenants in common it was bought as joint tenants rights of servership

Expert:  Aston Lawyer replied 3 years ago.

Hi,

Well, if the property was held as Joint tenants at the time your father died, this means the property automatically passes through survivorship so that you and your mother will own it jointly.

This is the case even if your father had "left his share to your mother in his Will".

If this is the case, I don't understand why there is a problem, and nothing needs to be done with the property other than for you to send a copy of your father's death certificate to the Land Registry, who will then remove his name from the title.

I look forward to hearing from you.

Kind Regards
AL
Customer: replied 3 years ago.

Thats sounds good. But he has stated in his will that he leaves his share of the house to mum ..he can t do that..can he

Customer: replied 3 years ago.

Hi the problem I have is that he has state in his will that he has left his share of the house to mum.when it shoyld be equally between my mum and me .?

Expert:  Aston Lawyer replied 3 years ago.

Hi again,

Sorry for the delay

Even if your father has stated in his Will that his "share" should pass to your mum, this doesn't change things, as the property automatically passes to you and your mum equally, upon your father's death.

As the property was held as joint tenants, it does NOT form part of your father's estate and therefore the clause in your father's Will which refers to the property is invalid.

I must say, the Solicitor dealing with your father's Estate should know this.

You are best to therefore confirmt he above to the Solicitor.

I hope this assists and answers your question.

Best Wishes

AL

Customer: replied 3 years ago.

Thankyou so much

Expert:  Aston Lawyer replied 3 years ago.

No worries Andrew.

If you are happy with my Answer, I would be grateful if you could leave positive feedback.

Kind Regards

AL

Expert:  Aston Lawyer replied 3 years ago.

Hi Andrew,

Can I assist you any further?

Kind Regards
AL
Customer: replied 3 years ago.

Hi again .I have another question for you .nothing do do with the last question.

20 -30 years ago I was in a well known band on the punk scene in the .70s and 80s

My question is as tshirts are srill being sold now with original logo designed by me. If I was to produce .print some tshirts with a unseen photos of the band with the logo how do I stand...! As I have just received a box of shirts I did not give permission for.also can I contact these printers and ask them who gave them permission. Hope you can help please

 

Best wishes andy

Expert:  Aston Lawyer replied 3 years ago.

Hi Andrew,

Thanks for getting back in touch.

As this is a new question, you will need to post it as a new question.


If you are happy with the service I have given you for your first question, I would be grateful if you could leave positive feedback so that I get credited for my time.

Kind Regards
AL
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