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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I am trying to assist a Mother whose daughter died several

Resolved Question:

I am trying to assist a Mother whose daughter died several years ago - without a Will.
She had less than £8000 in cash assets but did own a third of 50% of her Mother's Home - given by Deed of Gift.
That Daughter's husband has suddenly also died also leaving no Will.
My understanding is that as no children exist the Estate passed firstly to the Husband and now to his Mother under the Rules of Intestacy.
My question is how to deal with the processes required to recover the third of 50% of the (daughter's) Mother's home back into her ownership
The only additional point is that the Mother of the husband has offered to sign an agreement - but the Land Registry will need evidence etc to show ownership by her
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 informtaion first.For clarity - the mother of the husband is willing to "give" the share back
Customer: replied 1 year ago.
Yes - The Mother of the now deceased Husband of my Friend's Daughter is willing to "give" the share back and has promised to sign the appropriate Form I am advised. Note that the biological Father has already died.
Expert:  Clare replied 1 year ago.
You are correct in your guess about what you will need to do.Letters of Administration will have to be taken out for the daughter AND the husband by the husband's motherAt that point she will be able to sign an AS1 transferring the property into the Mother's sole nameI am not sure if you need more details if so then please askClare
Customer: replied 1 year ago.
Not quite fully clear - I take it that Form AS1 is the Land Registry Form.
To be clear Dulcie is the Mother of Rosslyn and Iris is the Mother of Ray (Rosslyn's husband).
It is Dulcie who has given by Deed of Gift the third of 50% of Dulcie's Home to Rosslyn - once Rosslyn died it went to Ray who was Rosslyn's husband. Now that Ray has died, the share passes to Iris - so am I right that this share of Dulcie's home can pass back to Dulcie via the AS1 once the two Estates have been dealt with through Letters of Administration
Expert:  Clare replied 1 year ago.
Yes once Iris has obtained Letters of Administration for the Estates of Rosslyn and Ray she can sign the AS1 which is the relevant Land Registry Form.
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