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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34234
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Our mother left us her house between me and my brother, He

Customer Question

Our mother left us her house between me and my brother, He has been living in the house for over 12 years now and has given me a chunk of money to buy my half. There is no dispute i now just want to make sure he has legal ownership and sign over to him. However we face the issue of we can't find the original will which was placed with a solicitor that i believe is no longer operational. Although I believe the practice was taken over I do not have any details of the original will/solicitor who drew the will up? What to do please?
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstI assume that probate was never obtained?Do you actually know which firm prepared the Will?
Customer: replied 1 year ago.
It was straightforward at the time (about 2004). Mother had left a will and there is just my brother and me. I can't remember if it went to probate - don't think so we had the will read at the solicitors and went on our merry way. However my brother now wants to put the house in his sole name ( so do i ) . The solicitor who prepared and read the will is the one no longer operational. I cannot find any relative paperwork. I tried calling one solicitor today who may have taken over the practice but they are closed (funeral). Other than that I can't even remember name of practice.
Customer: replied 1 year ago.
No probate we just cleared up her estate accordingly - closed accounts etc. Not much the main asset was the house.
Customer: replied 1 year ago.
I would like the simplest way and most cost effective to get the property transferred into my brothers name ...i suppose the chalenge is proving we own it now?
Expert:  Clare replied 1 year ago.
Hi
What do you remember about the solicitor who prepared the Will?
I ask because the answer to your question is that the only way the Transfer can be effected is by either obtaining Probate of the Will; or by obtaining letters of Administration of your mother's estate on the basis that there is no Will.
Only once you have the Grant can the property be dealt with I am afraid.
Once it is dealt with the Transfer itself will be very straightforward.
IClare
Customer: replied 1 year ago.
In law does not my brother get some automatic right as he has lived in the property since 2003? Does that mean then effectively the property may sit in no mans land and actually how will my brother sell it then? what will happen if we cannot find any will?
Expert:  Clare replied 1 year ago.
HiNo your brother has no automatic right to the property at allIn order to sell the property your brother will have to either obtain Probate of the Will or Letters of Administration of the Estate in order to show the devolution of the property from your mother to him (or the pair of you)If the Will cannot be found then you can apply for Letters of Administrationhttps://www.gov.uk/wills-probate-inheritance/if-the-person-didnt-leave-a-will
Customer: replied 1 year ago.
Ok thank you very much. I will investigate and search further but it looks like the letters of administration route. Thank you. I will consider this closed at the moment and billed accordingly Thank you.
Expert:  Clare replied 1 year ago.
I assume that you did not wish to have a phone call?I hope all goes well
Clare and other Law Specialists are ready to help you
Customer: replied 1 year ago.
ok Actually I think I am ok now although requested a phone call ...through the link you sent me I have just ordered a copy of the will!! Thank You.
Expert:  Clare replied 1 year ago.
Hi
If you were able to access it online then you DID obtain probate which means that the process is much more straightforward.
If you have not already done so you need to order a copy of the Grant of Probate as well as the Will.
Assuming that you were the Executors you can then sign the AS1 which will transfer the property to your brother
Clare