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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 995
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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My father died aged 84 last week. He had a partner of the

Resolved Question:

My father died aged 84 last week. He had a partner of the last 20 years who is refusing to let me or his grandchildren have any of his belongings. They were not married and there was no will. My father served for many years in the army and we would like to have his medals and photos etc. He joint owned a flat with this lady on a lifetime mortgage so I also wonder what happens to his half of the property. I also found out that she has given his car away to her grandsons without his or my knowledge and this happened two years ago whilst he first went into a nursing home. The lady won't speak to us and is claiming she is entitled to everything because she is next of kin. Would be grateful for any advice
Submitted: 1 year ago.
Category: Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Welcome to Just Answer
I am a Solicitor and will assist you.
Please may ask:
- please confirm whether or not they married?
- do you know if they held the property as Joint Tenants or Tenants in common?
Kind Regards
Caroline
Customer: replied 1 year ago.
No they were not married and I'm not sure about the property. She tells me she still has a mortgage but I don't know if that is the truth.
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
It is worth checking the land registry to check hold the property is hold as this is quite important. You can get the documents on online for £3.
If you follow this link you can instantly download the document:
https://www.gov.uk/search-property-information-land-registry
It is the title register that you need.
Let me know when you have the document and I will walk you through checking the position.
Kind Regards
Caroline
Customer: replied 1 year ago.
I have the document
Expert:  ukfamilysolicitor replied 1 year ago.
Great
Look under the section that says Section B - Proprietorship Register.
There will be a sub heading - Title Absolute.
Point number 1. Whose names does it say- please copy what it says.
Is there a point 2 that says something like 'no disposition by a sole proprietor....' If it does please tell me what it says.
PS - just need to nip out - I will be back in about 20 minutes.
Kind Regards
Caroline
Customer: replied 1 year ago.
Ok point number 1 says proprietor: orbit housing association ltd Margate Kent
Point 2 says the price stated to have been paid on 30 September 2011 for the land in this title and other property was £109,849
I take it my dad and his partner no longer own the flat!
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for your response. My sincere apologies for my delaying in responding to you.
According to your the register - it appears that the house isn't actually owned by your father or his partner - did they sell the house and rent it back?
Kind Regards
Caroline
Customer: replied 1 year ago.
It appears so. She has been very untruthful about a lot of things so she is probably not telling the truth about there being a mortgage. They did own the flat for some years. It seems they sold it back in 2011 from the register.
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
The register does say that they are not the owners. If they had been paying a mortgage - it would have still been in there names - with a charge over the property by the mortgage company.
If the house is rented - then you wont be entitled to a share in that.
Any monies in a joint account - will also be the partners - as she automatically inherits the rest of the money in a joint account.
If your father has any pensions - then it is possible that he may have nominated his partner as beneficary for those and therefore if he has - she will be the one that gets any death benefit. They certainly wont pay out to her if she isn't named.
As your father died intestate then his estate would pass under the rules of intestacy. Which means that as their is no surviving spouse - then his estate is divided equally between his children (If a son or daughter has already died, their children (the grandchildren of the deceased) inherit in their place.) This includes all of your fathers belongings.
I note that you want sentimental items returning. You should write and list which items it is that you want returning.
If his partner has applied for the administration of his estate 0 then you should ask for details - if she hasnt applied then you could - see this link for more information:
https://www.gov.uk/wills-probate-inheritance/if-the-person-didnt-leave-a-will
Kind Regards
Caroline
positive feedback gratefully received
Customer: replied 1 year ago.
Thank you very much Caroline. That's helpful
Expert:  ukfamilysolicitor replied 1 year ago.
You are very welcome - I wish you all the best. I would be very grateful if you could kindly leave a positive rating - we receive no credit for our work otherwise. Thank you.
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