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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10179
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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My parents own a property outright and now that my father has

Customer Question

My parents own a property outright and now that my father has died my mother is obviously the owner. I have recently found out that one of my brothers is actually named on the deeds of the property does this mean that when my mother dies he inherits the property.
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.
Hello and thanks for using Just Answer.

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

It will all depend on how the property is being held by them.

There are 2 ways that it can be held-

1. As "Joint Tenants" which means that when one party dies, the property automatically passes to the other through survivorship.

2. As "Tenants in common" which means each party owns a specific percentage share in the property, which share passes on death in accordance with their Will.

On the basis that your Dad has recently died, and you may have information on the above, I hope this assists.

However, please let me know if you require any further clarification.

Kind Regards
AL
Customer: replied 2 years ago.
I assume it was joint tenants but there was no will when he died my mother has not made a will either and it is only because it came to light that I brother is named on the deeds when the property was purchased some 10years ago that I am wondering when my mother dies with no will being made would the brother named on the deeds inherit the whole of the property because he is named on the deeds?
Expert:  Aston Lawyer replied 2 years ago.

Hi Sue,

Thanks for your reply.

Well, if the property was automatically put into your Mother's and brother's names when your Father died, you can assume that they do hold it as Joint Tenants.

(if a party holds a property as Tenants in common and they die without leaving a Will, their share passes to their next of kin. So, in your Father's case, his share would have passed to your Mother).

Likewise, if the property is held as Tenants in common, if your Mother were to die next, her share would pass equally between her children, if she had not made a Will.

If you want to check, you can apply to the Land Registry website for a copy of the Deeds for a nominal fee (called "Official Copies"). Once you have obtained a copy, you will need to look at the "Proprietorship Register". If there is a clause in the Proprietorship Register stating "RESTRICTION- no disposition is to be made a sole proprietor" then the property is held as Tenants in common.
If there is no Restriction, then it means the property is held as Joint Tenants.

I hope this helps.

Kind Regards
AL
Customer: replied 2 years ago.
Maybe I didn't explain it very well what I need to know is when my mother dies because my brother is named on the deeds to the property does this mean he solely inherits the property 100 percent when she dies or is the property shared amongst the children even if they are not named on the deeds?
Expert:  Aston Lawyer replied 2 years ago.

Hi Sue,

Thanks for your reply, and apologies for the delay in replying.

If they hold the property as Joint tenants, th eproperty will pass automatically to your brother if you mother dies first.

If they hold it as Tenants in common, your mother's share will be split equally between her children if she did not leave a Will. If your mother does leave a Will, her share will pass to whoever she has nominated in her Will.

I hope this clarifies matters.

Kind Regards

AL

Expert:  Aston Lawyer replied 2 years ago.

Hi Sue,

Can I be of any more help to you?

Kind Regards
AL
Expert:  Aston Lawyer replied 2 years ago.

Hi Sue,

Can I be of any more assistance to you?

Kind Regards

AL

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