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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10459
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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I was left a 25% share in my Aunts property, she passed away

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I was left a 25% share in my Aunts property, she passed away and her partner had rights of residency for the rest of his life. He moved house to a smaller flat he has now passed away and I am told that there is nothing in the estate. This can not be so the flat is on the market and not sold, how do I
1) stop any sale and protect my legitimate interest in the property....and
2) find out what has happened to my aunts estate she died 7 years ago and her partner this year.
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.
Hello and thanks for using Just Answer.
My name is ***** ***** am happy to assist you with your enquiry.
So that I can answer you fully, did you ever see a copy of your Aunt's Will and if so, did it include a provision allowing her partner to request that the original property be sold and for a replacement property to be purchased in which he could reside (ie the flat)?
Do you know either way if the Flat is registered in the name of her partner?
Do you know if Solicitors dealt with your Aunt's Estate, and who were her Executors?
I look forward to hearing from you.
Kind Regards
AL
Customer: replied 2 years ago.
Thank you
I do not have a copy of my aunts will it's just what she told me and my cousin Barry he was also to be left a 25% share. The property was in my Aunts name alone as far as I am aware as Bert was her second husband married after my Uncle Harry died, My aunts first husband. He did not consult Barry or me regarding the move and I understand that he and my Aunt had a small equity release mortgage the London property sold for over £400k and the flat has been purchased for £152k.
I understand the flat is in Bert's name?
I do not know who dealt with my Aunts estate and Bert's son is uncooperative if a little silent on the issue telling me that there is no money from his fathers estate.....but the property is not sold?
Can I register my interest in the property so that it can not be sold until matters are resolved fairly?
Expert:  Aston Lawyer replied 2 years ago.
Hi Greg,
Thanks for your reply.
Firstly, you do really need to get a copy of your Aunt's Will to see if indeed you were left 25% of her property. You can apply for a copy from Leeds Probate Registry- link as follows-
https://www.gov.uk/wills-probate.../searching-for-probate-records
The Probate Registry will also be able to provide you with a copy of the Probate for a nominal fee. The Probate document will show on it which firm of Solicitors dealt with her Estate, so you could contact them if need be.
My initial thoughts, I'm afraid, is that the original property was in their joint names. This is because is they had an equity release mortgage, both their names would have to be on the Deeds. If this was the case, and they held the property as joint tenants, the property would have passed automatically to her partner on her death.
Until you have been able to establish the true position on your Aunt's Will, you are unable to prevent any Sale of the flat. Only if it turns out that you were entitled to the 25% of your Aunt's property, could you then register a Restriction at the Land Registry against the flat, which basically would delay any Sale.
I hope this assists and sets out the legal position to you.
Kind Regards
AL
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