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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Property Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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Hi, My nan and grandad split up (marriage) over 25 years ago,

Customer Question

Hi,
My nan and grandad split up (marriage) over 25 years ago, when they split, my nan went to live with my Aunt and my grandad bought a bungalow near my dad. On splitting my grandad gave nan £12k from the sale of their old house. My nan died 11 years ago, and my dad has just this week heard for my aunts solicitors that nan left 'her share of the bungalow to her' (not sure why it was bought in both nan and grandads name?) my grandad died 5 years ago and left the bungalow to my dad who has now renovated, extended it and moved in. My nan never paid towards the mortgage, household bills, maintenance etc for the bungalow and never once lived there. Does my aunt/nan have any legal right to the a share of the bungalow? Not sure why it has taken so long for this to come out either?
Thank you.
Submitted: 3 years ago.
Category: Property Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question
My name is Claire and I shall do my best to assist you - but I need some further information first.
Was the property your father inherited held in HIS father's sole name?
Claire
Customer: replied 3 years ago.
No, it doesn't look like they got a proper divorce - they just split up, and the bungalow winded up being in my nan and grandads name for some reason.
Expert:  Clare replied 3 years ago.
Hi
When his father dies did your father obtain probate of the Will?
Was the property then transferred into his sole name?
Claire
Customer: replied 3 years ago.
Yes my dad got probate on my grandads will and the bungalow is now in my dads name.
Expert:  Clare replied 3 years ago.
Hi
So in fact it was never his mothers name at all?
Claire
Customer: replied 3 years ago.
Are you saying that if probate was granted on grandads will and the bungalow is now in my dads name that my aunt cannot have a claim to any part of it?
Expert:  Clare replied 3 years ago.
Hi
If the property was never in joint names then whilst your grandmother could potentially have made a claim against it your aunt can not
The Crucial issue is who owned to property at the beginning and how
Provided it was only your Grandfather - all is well.
If it was your grandfather and your grandmother BUT They held it as Joint Tenants then equally all is well.
I have to say that from what you say all is indeed fine and your father should simply write and say that his mother had no interest in the property and accordingly his sister has none either.
If any of these assumptions are not correct - let me know
Claire

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