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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33953
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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1) If a grandson and a grandparent own a property as tenants

Customer Question

1) If a grandson and a grandparent own a property as tenants in common and in their will the grandparent leaves everything to three people equally (not including the grandson), how will the property be divided? How would the different shares be recorded? How much power in the property would each person have (e.g. abilities to sell the property/move in etc.)? And would it be possible for the grandson to stop the property being sold or to stop other actions etc.?
2) If no will is left by someone and the intestacy rules come into play, and their only relatives are two nieces related by blood and a step-son (a son from their marriage) , who would be ‘first in line’? Note: the step-son’s father married the step-mother when the son was seven and is now seventy, and this was in China so there may not be paperwork to show any adoption. However they have the same surname and the step-son has always considered the step-mother as their real mother as has everyone else.
3) Do you need a solicitor to issue a caveat to stop probate etc.?
Submitted: 10 months ago.
Category: Law
Expert:  Clare replied 10 months ago.

Thank you for your question

My name is ***** ***** I shall do my best to help you.

Please note that I have assumed that the Grandson and the Grand parent hold the properties in equal shares

1. In that case the grandson would own 50 % and the other three would own 16.66% each. This would be registered at the Land Registry.

They would all technically be entitled to live in the property and any one of them is able to force a sale

2. If there has been no legal adoption by the step father then the two nieces will share the inheritance

3. No

Please ask if you need further details

Customer: replied 10 months ago.
Is there any way to stop or delay a sale? With respect to the step son if the adoption etc took place in another country in around 1950 and there was no paperwork available, could you still prove that he was her adopted son via witness statements and other evidence?
Expert:  Clare replied 10 months ago.

A sale can be delayed because unless all agree OR there is a Court Order then no sale can happen.

If there is some other evidence that reference was made to a post adoption then that could be successful

Customer: replied 10 months ago.
Ok thanks. What kinds of court orders could be applied for? And what kind of documentation could show an adoption post adoption? Would witness statements or a history of written documentation referring to the step son as a son npt be effective?
Expert:  Clare replied 10 months ago.

Any owner can apply for an order for sale and it will be granted.

You will need to have evidence that at some point there was a clear reference to an official adoption

Clare, Solicitor
Category: Law
Satisfied Customers: 33953
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 10 months ago.
Hi thanks, ***** ***** meant what court orders can be applied for that can halt any sale or anything to be done with the property, e.g. without the majority holder's consent?
Expert:  Clare replied 10 months ago.

If one of them wants a sale the court will order it - no matter who wants what

Customer: replied 10 months ago.
In regard to a challenge against either a will or intestacy, would a grown up step-child only be able to use the Inheritance (Provision for Family and Dependants) Act 1975? (Because they are not bloodline relatives)
Expert:  Clare replied 10 months ago.

Correct

Customer: replied 10 months ago.
Thanks. Basically, a more detailed version of the above question is this:-Firstly, a hypothetical scenario of a child born in 1945, whose mother dies and whose father remarries in China in 1952. He was possibly adopted when he was a child by the step-mother but this is unclear (probably little to no proof of this happening). They have lived in the UK since the early 70s. The father passed away several years ago.1) If no will is left by the step-mother, I take it nothing would be left to the step-child? And the only way to claim would be through the 1975 Act and not through the grounds which you could challenge the will (e.g. undue influence etc.)?2) If a will was left and he was left something, but still wanted to challenge the will, then would he only be able to use the 1975 Act?
Expert:  Clare replied 10 months ago.

1. Under the intestacy rules he would not inherit and accordingly an Inheritance Act claim is the only option

2. He will need to use the Act - the other option might be Proprietary Estoppel if she had made promises to him about an inheritance

Customer: replied 10 months ago.
Thanks. So proprietary estoppel is not possible in the first option?
Expert:  Clare replied 10 months ago.

It would be more difficult unless there was evidence of a previous Will

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