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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33942
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My half brothers father has recently passed away and

Customer Question

hello
my half brothers father has recently passed away and there was no will to be found.his estate is being sorted with a solicitor that a friend of his fathers appointed.now,before he passed away he had dementia and this friend became the power of attorney and my brother agreed to this as he didn't live nearby but she claimed his fathers house belonged to her as she had joint tenancy.my brother never questioned this but he never saw any proof of this either.i have looked at the land registry and her name along with the deceased is on the deeds.i feel that before everything is finalised he should ask for proof of this joint tenancy.the solicitor has never mentioned it so what do you think we should do and who do we go to,to request this proof.i hope I have made sense!!
thank you
susan
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is***** shall do my best to help you but I need some further information firstLooking at the the B section of the Title Register:do these words appear?RESTRICTION: No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the Registrar or the court.Clare
Customer: replied 1 year ago.
I will check my records.i just want to add though that she said she got joint tenancy over 20 years ago.i will get back to you later.thanks
Expert:  Clare replied 1 year ago.
That is fine - let me know
Customer: replied 1 year ago.
hello clare
I have just gone into the land registry and I cant see the above note.her name is ***** ***** the deeds and my brothers father is no longer listed.she has obviously changed it when he passed away.thank you
Expert:  Clare replied 1 year ago.
Then it is clear that they did own the property as beneficial Joint Tenants and accordingly the property passed to her on his death outside of the Intestacy Rules.Sorry to give such bad news - please ask if you need further detailsClare
Customer: replied 1 year ago.
hello
how does that prove it though? aren't we entitled to see an original document with his fathers signature?
thank you
Expert:  Clare replied 1 year ago.
You can certainly ask the Land Registry for a copy of the Transfer when the property was purchased/transferred into joint names if you wish - but you will need to give the date
However the transfer into her sole name could not have happened unless they did indeed hold the property as Beneficial Joint Tenants
Clare, Solicitor
Category: Law
Satisfied Customers: 33942
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and other Law Specialists are ready to help you
Customer: replied 1 year ago.
ok thank you very much for your responses and your time
best regards
susan
Expert:  Clare replied 1 year ago.
You are most wlecome

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