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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10237
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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My brother died in 2001. His estate went to my mother as he

Customer Question

My brother died in 2001. His estate went to my mother as he was unmarried. I was living in his property at the time as he worked away. To save on inheritance tax she gifted the property to me when we dealt with the probate. As a result the deeds show that I am the owner. The freehold of the property was purchased prior to his death but the freehold company still require their transfer - something I just assumed would have been a natural process at the time. I have a share for the property and a share for the garage to submit, with grant of probate for both my brother and mother but this is not enough. I am now at a loss as to how to prove the property was gifted to me as I need to follow the "link in the chain". Who would have dealt with this at the time? I vaguely remember a financial advisor suggesting it but there must be paperwork lodged somewhere. My mother died in 2011 and I am getting nowhere trying to find any information. The solicitors who dealt with his estate do not know whether this is a probate or conveyencing matter. Sue Dryden
Submitted: 1 year ago.
Category: Law
Expert:  Aston Lawyer replied 1 year ago.

Hello and thanks for using Just Answer.

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

So I am fully straight, could you confirm that the leasehold interest in the property was transferred to you and you are shown on the Land Registry title?

But, the freehold interest is still in your brother's name?

Was a Deed of Variation drawn up in respect of your brother's estate, to show that you were to inherit the property as opposed to your mother just informally gifting the property to you?

I look forward to hearing from you.

Al

Customer: replied 1 year ago.
Hello, I am sorry but I can only assume that the leasehold interest in the property, and not the freehold, is in my name. Nobody has suggested that is the case. All correspondence relating to the property, whether from the freehold company or the management company is still addressed to me as the executor of the late Mr. XXX. How do I find any info regarding the deed of variation? Regards ***** *****
Expert:  Aston Lawyer replied 1 year ago.
Hi Sue,
Thanks for your reply.
Your Mother's Solicitor would have drawn up the Deed of Variation if one was ever done. This would have been a document signed by your Mother to basically say that she was willing to give up her inheritance of the property and that it should pass to you instead.
I am just trying to establish if any formal transfer of the property to you has taken place. You mentioned in your original question that your Mother gifted the property to you and that your name appears on the Deeds. Have you seen the Land Registry Deeds or do you have a copy?
I take it that a Solicitor dealt with the paperwork, in transferring the property to you?
Kind Regards
Al
Expert:  Aston Lawyer replied 1 year ago.
Hi Sue,
Following on from my last questions-
Could you please confirm that your Mother obtained Letters of Administration in respect of your Brother's Estate? (this is the same as Probate, but is the phrase used where a person dies without leaving a Will).
Did your Mother leave a Will and if so, were you her Executor?
If she did not leave a Will, did you obtain Letters of Administration?
I look forward to haring from you. I should then be able to give you an answer!
Kind Regards
Al
Customer: replied 1 year ago.
I presume my mother obtained Letters of administration re my brother. My mother left a will and I was executor. Obviously the property was not mentioned as I am the owner. I think I have the deeds at home. Would a deed of variation be kept at the original sol or logged at the land registry? Is this the proof I need to transfer my name and appease the freehold company? I have requested assistance from the original sol but it seems that they were only looking in the archives for the grant of probate re my brother. Please advise what it is I actually require to finalise this once and for all and where I obtain the said papers. There is now a considerable sum awaiting me from the remaining sales of the remaining leasehold apartments and I can obviously not sell the property until finalised. Sue.
Expert:  Aston Lawyer replied 1 year ago.
Hi Sue,
Thanks for your reply.
The only reason I have asked about the Deed of Variation is to see if your Mother had legally agreed to transfer the property to you. The Deed would be at the Solicitors- the Land Regstry would not hold a copy.
Anyway, either way, this is what needs to be done-
As the Freehold has not been transferred to you, this means part of your Brother's Estate has not been administered.
As your Mother was his Administrator (this is on the assumption that she did obtain Letters of Administration), and she was the only administrator, the "chain" has broen, even though you were his Executor.
Therefore, you will need to apply for "Letters of Administration de bonis non" (a Grant where the Administrator has dies and part of the estate is yet to be administered. Once you have obtained L of A de bonis non, you can then sign an Assent document (Land Registry document) transferring the Freehold to yourself. The Assent and the L of A de bonis non then needs to be registered at the Land Registry.
A Probate Solicitor will be able to assist you in obtaining the Grant and their Conveyancing department will be able to prepare the Assent and deal with the Land Registry application.
You should also check the Deeds you hold to make sure that the Leasehold deeds are indeed in your name- if they are not, the above Assent can be used to transfer the Leasehold interest to you.
I am guessing that the Management Co records show you as "Executor of your brother" as the Solicitor who dealt with the transfer to you did not formally notify them that you were the new owner (a formal Notice of Transfer document should have ben prepared by your Solicitor and served on the Manag Company, which is a short note to confirm that the property is now registered in your name. If so, the Solicitor who deals with the Assent can serve this Notice on them on so their records are updated.
I hope this assists and answers your question.
If so, I would be grateful if you could rate my answer.
Kind Regards
Al
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10237
Experience: Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
Aston Lawyer and other Law Specialists are ready to help you
Customer: replied 1 year ago.
My grateful thanks. At last I have been given a thread to follow and hopefully can complete. Kind regards. Sue Dryden
Expert:  Aston Lawyer replied 1 year ago.

You're welcome.

If I have helped, I would be grateful if you could rate my answer, so I may be credited for my time.

Best Wishes
Al

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