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Clare
Clare, Solicitor
Category: Law
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Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My uncle left his share in his property to his wife who then

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My uncle left his share in his property to his wife who then made a deed of variation to her late husbands will, so that the property was held in trust for her for life and then to her five children. However the title deed has been registered as Tenants in Common between my Aunt and just one of her children. Is this legally correct? If the daughters pre-deceases her mother then who inherits her 50% share, does it go according to the daughters will or the mothers will.
Submitted: 1 year ago.
Category: Law
Expert:  UKSolicitorJA replied 1 year ago.
Hello,
This is not correct as your aunt only has no life interest in the property and should not be registered as a tenant in common. Once your aunt dies, all five children have an equal share in the property I.e each will own 20% share in the property.
It is therefore not correct for one of her children to have been registered as a tenant in common.
I would advise you to consult a conveyancing solicitor for assistance in sorting this out as it is incorrect.
All the best
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question.
My name is ***** ***** I will do my best to help you
The Deed of Variation would only have dealt with your Uncle's half share of the property.
It is this that has been gifted to the children, with your aunt having the right to live there for life.
Since there is a limit to the number of names which can be listed as owners at the Land Registry it is likely that the single name is ***** ***** up by confirmations that that half is held on behalf of all the children - but if you are concerned then you can check with the Land Registry
Please ask if you need further details
Clare
Customer: replied 1 year ago.
Hi Clare, if there is no confirmation held with the deeds at the land registry, does this alter the situation. My aunt is concerned that it appears as if the house is now owned jointly by her and just one daughter as she does not think there is any othe paperwork with the land registry. She is also concerned as to what would happen if her daughter predecessors her. I will contact land registry but any other thoughts would be helpful, thank you, Lyn
Expert:  Clare replied 1 year ago.
Hi
I think that you are worrying unnecessarily.
The Deed of Variation is evidence of the actual position and in the event the one sibling dies then that deed will be sufficient to ensure the proper division of the half share of the property
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33817
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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