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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 757
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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My elderly parents are thinking of selling their property. However,

Resolved Question:

Hi, my elderly parents are thinking of selling their property.
However, I have now discovered that their house deeds are in the names of my mother, father and deceased grandmother (mother's mother).
At the time of my Grandmothers death, financial circumstances meant that the usual will situation was not completed due to lack of ability to pay a solicitor. As the house was already in all three names and my Grandmother left nothing else of note, my parents carried on as normal believing that as my mother was the only child (adopted but no other children in existence) it had naturally passed to her.
My mother and grandmother made a will at the same time but this was some 30 years ago and the solicitor has long since gone. I am going to attempt to try and track down where their records went and get a copy of the will (which would show my Mother's inheritance right) but don't know if this is possible.
I understand that the deeds do not need to be changed until passed into the new owners names but suspect that Grandmothers name on deeds will prevent sale.
What would be the most expedient way to progress this issue?
Submitted: 1 year ago.
Category: Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Welcome to Just Answer I am a Solicitor and will try and assist you. Please may I ask - do you know if your parents and your grandmother were Joint Tenants or Tenants in Common? Kind Regards Caroline
Customer: replied 1 year ago.
Hi CarolineBrief history. House was Grandparents, when Grandfather died it was moved to Grandmother and Mother. Then my mother and father wished to take out a mortgage to improve the property and so the house was transferred into the names of Grandmother, Mother and Father. Was in equal amounts as far as I can tell and going through the correspondence they still have there is reference to 'joint ownership' rather than tenants in common.
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Thank you for your response. Do you know if the property is registered with the Land Registry? or is it unregistered? Kind Regards Caroline
Customer: replied 1 year ago.
It is registered with the land registry (attached)
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Thank you - I have considered the register. It appears that the property was held as tenants in common. This is detailed at point 2 under Section B of the Proprietorship Registry. A restriction of the type as detailed there - means that the property in separate shares as Tenants in common. If the property had been held as Joint Tenants then the right of survivorship would have applied - which would have meant that the property would have passed to your parents automatically outside of any will. As they were tenants in common - a copy of the will is going to have to be located to see what provision was made for the house and who it was to be inherited by. A note that the solicitor is no longer practising. In your case I would recommend that you contact the Law Society and the Solicitors Regulation Authority and ask which firm took over the deeds of the previous solicitors firm when it ceased to practice. Please do not hesitate to ask if I can clarify anything for you. Kind Regards ***** ***** kindly remember to star rate our service so that we receive credit for helping you today.
Customer: replied 1 year ago.
Given the rather lacklustre responses of the law society so far when I have enquired about the audit trail of the will, if we assume that the will document may not ever be located what would then be the course of action?
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Thank you for your response. If you have had no luck with the Law Society - might be worth considering using the Certainty Will Search: https://www.certainty.co.uk/findawill/home/index.ashx Although Certainty do charge - it is my understanding that they will also check with other solicitors in the local area. (This is of course something you can do yourself) Also worth trying your grandmothers bank and The Probate Registry The Probate DepartmentThe Principal Registry of the Family DivisionFirst Avenue House42-49 High HolbornLondon WC1V 6NPTel:(###) ###-####6000 I am mindful that you do consider that there was a will - so I do consider that you should make your search through. If no will is found then the grandmothers estate should be distributed as per the rules of intestacy. Kind Regards ***** ***** feedback is gratefully received
Customer: replied 1 year ago.
Is there a resource you can direct me to regarding the rules of intestacy?
Expert:  ukfamilysolicitor replied 1 year ago.
Hello ***** can. When did your grandmother pass away? Kind Regards Caroline
Expert:  ukfamilysolicitor replied 1 year ago.
Im Just nipping out - I will be back in about 30 minutesKind regardsCaroline
Customer: replied 1 year ago.
No problem, managed to find a reference, my Grandmother died 24/11/1996
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Thank you for your response. As there was no surviving spouse - the rules of intestacy would provide that the estate be divided equally amongst the children - this being your mother and her siblings (If any of the siblings have passed already - then their children would inherit in their place). The Gov.uk site has useful information: https://www.gov.uk/inherits-someone-dies-without-will also https://www.gov.uk/government/publications/rates-and-allowances-inheritance-tax-thresholds/inheritance-tax-thresholds Kind Regards ***** ***** feedback is gratefully received
Customer: replied 1 year ago.
That is extremely helpful. It seems that my mother as the only child would be entitled. As a final question, how does one go about starting the process to get this legally ratified?
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Thats good news and makes it less like to be contested. You will need to apply for letters of adminstration - this link provides you will more detail: https://www.citizensadvice.org.uk/relationships/death-and-wills/dealing-with-the-financial-affairs-of-someone-who-has-died/#letters_of_administration kind regards Caroline
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 757
Experience: Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
ukfamilysolicitor and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Fantastic thank you so much for your assistance :)
Expert:  ukfamilysolicitor replied 1 year ago.
glad I could help :) Kind regards Caroline

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