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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9779
Experience:  I have been practising for 30 years.
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I am trying to help my dad with some family issues relating

Customer Question

Hi I am trying to help my dad with some family issues relating to the house that his parents my grand parents lived in, they have both past away, there is an old will which states the original house was to be split 4 ways between the there children (my dad his brother and 2 sisters) however the house in the will is not the house they lived.
the house in question was purchased by my grandparents but one of my dad's sisters say's she paid the mortgage and her name is ***** ***** deeds, is there anything that can be done as she is saying she wants over half the sale of the house plus a quarter of the remaining amount. the house was paid in full in 1998
Submitted: 1 year ago.
Category: Law
Expert:  F E Smith replied 1 year ago.

It does not matter how old the Will is provided it has never been superseded.

If the wording in the will is that I give my house, then it’s the house at the time the will is written.

If the wording in the will is that I give my house that I live in the time of my death, then it’s the house at the time of death.

Your father’s sister may have a claim on the property if her name is ***** ***** deeds and the property is in joint names of her and your father as tenants in common.

If that is the case, she owns half of the house and then a quarter of the rest of the property.

It’s easy enough for her to prove that she paid the mortgage by providing bank statements or some other kind of proof.

You can get the title deeds from the land Registry using this link and they will cost £3.

You will then be able to see if her name is ***** ***** deeds and when it was put on.

https://eservices.landregistry.gov.uk/www/wps/portal/!ut/p/b1/04_SjzS0tDQwMTIxMjLXj9CPykssy0xPLMnMz0vMAfGjzOKNjSxMDA1NjDwsjM3MDTxN3dyNDUNMjQ1MjPWDU_P0c6McFQH3SLFU/

If what she is saying is correct, she is entitled to half of the property some of the quarter which means that own 5/8ths of the property.

Can I clarify anything for you?

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Best wishes.

FES.