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Thomas
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7626
Experience:  UK solicitor holding an England and Wales practising Certificate.
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hello, my father has recently passed away, he made a will leaving

Customer Question

hello, my father has recently passed away, he made a will leaving his house and belongings to his 3 children (my brother, my sister and I ...)but my mothers name (his ex-wife's name) is on the deeds of the house. Do we get his half putting our name on the deeds or is it all hers?
Submitted: 4 years ago.
Category: Property Law
Expert:  Thomas replied 4 years ago.
Hi,

Was the property held by your mother and father as "joint tenants" or "tenants in common" before he passed away?

Is your mother alive? If no, please state who inherited your mother's estate?

Tom
Customer: replied 4 years ago.

My mother and father divorced about 15 years ago, she then moved to live in spain and got remarried there, she is still alive, i'm not sure about the tenancy info with regards XXXXX XXXXX the property was held...

Expert:  Thomas replied 4 years ago.
Hi

Thanks for your patience.

There are two ways of holding interests in a property. Whether you inherit will depend on how your mother and father held their interests.


You can check by downloading a copy of the register for the property from the Land Registry by paying a £4.00 fee:-
http://www.landregistry.gov.uk/wps/portal/Property_Search

Look at the propreitorship register of the title you have downloaded from the Land Registry (where the proprietors of the property are listed). If the following entry is immediately below the named registered proprietors then the interests are held as tenants in common:-

" No disposition by a sole propreitor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the Court"

If there is no such entry then the property is held as joint tenants.

If the property was held as joint tenants then your father’s share would pass automatically to your mother. This is regardless of if his Will says that it should go to you/siblings. If this is the case and you mother wants to keep your father’s share then you need to see a solicitor about contesting this.

If the property was held as tenants in common then his share of the property (but not your mother’s share) would pass to you and your siblings.


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Kind regards,


Tom
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Customer: replied 4 years ago.


That entry was not there, so my mother gets the lot!

My father had no legal advice when making his will and thought it was enough just to make his intention known for it to be fulfilled, he and my mother really didn't get on and if he knew this was to be the outcome on his demise i'm sure he would of hung on...the house is worth £235,000

Expert:  Thomas replied 4 years ago.
Hi

I will answer at 9

Tom