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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 31300
Experience:  Over 5 years in practice
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My mother recently died and the property that she lived

Customer Question

Hi my mother recently died and the property that she lived in was joint with my sister and her . However my mothers name was the lead name . My sister is now putting claim to the property saying my mother made a will out in 2010 leaving it all to her . Is this illegal as I was made power of eterny to all her affairs in the year 2000 , with my mother signing the paper with out my knowledge . As my mother was legally registered blind . I have also relieved a letter dated 11-06-2015 giving me 14 days to leave the property by the 23-06-2015 . Which I know is illegal the must give 28 days by law . Thanks
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How was the purchase of the property funded?
Who is named as Executor on her Will?
Clare
Customer: replied 2 years ago.
Hi Clare
The house was purchased by a loan in the sisters name and mothers name , and in the solicitors letter it says the writer prepared the will and recalls her quite well ! So I am assuming my mother did the will , however as I stated she was blind and I have have legal paper work from 2009 not officially as I thought it was 2000 which it was but not made legal till 2009 thanks .
Expert:  Clare replied 2 years ago.
Hi
Who paid the deposit on the house and does the paperwork say whether it was hailed as "beneficial joint tenants" or as " tenants in common"
Clare
Customer: replied 2 years ago.
Hi the problem I have there is that my sister has all the paper work , I have not seen a copy of the will or anything else . So I can not answer the questions at the moment , if it as you stated where will I stand . Thanks .
Expert:  Clare replied 2 years ago.
Hi
In fact you can find this out for £4 using the Land Registry
https://www.gov.uk/get-information-about-property-and-land/search-the-register
If there is wording that says that there can be no disposition unless there are two signatories then it is Tenants in Common
Clare