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Thomas
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7602
Experience:  UK solicitor holding an England and Wales practising Certificate.
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My mother is recently deceased.Prior to her death we shared

Resolved Question:

My mother is recently deceased.Prior to her death we shared the property in which I currently reside.The flat is in my mother's name.What rights do I now have regarding the property?
Submitted: 2 years ago.
Category: Property Law
Expert:  Thomas replied 2 years ago.
Hi,
Thanks for your question.
Did you contribute to the financing of the property?
Do you have a percentage interest in the property via a declaration of trust which you both executed?
Did your mother have a Will and, if so, what does it say?
Kind regards
Tom
Customer: replied 2 years ago.

I paid for the property when it was originally bought though I doubt that there is any record of this.

There is no declaration of trust.

My mother did not have a will as far as I am aware.

Expert:  Thomas replied 2 years ago.
Hi,
Did you finance the property entirely?
Was your mother married at the date of her death?
Do you have any siblings?
Kind regards
Tom
Customer: replied 2 years ago.

I did finance the property entirely.

My mother was pre-deceased by my father by 23 years.

I have 5 siblings.

Expert:  Thomas replied 2 years ago.
Hi,
Thanks for your patience.
I'm afraid that you have not protected yourself at all well here. Either the property should have been placed in your name or you should have executed a declaration of trust with your mother which stated that although she was solely-named on the property's title you had a percentage interest in the property (eg 100%). This would have protected you.
You have to see if you can get any evidence of the fact that you funded the purchase. Check bank records, corresondnce and possibly with the solicitor that was instructed on your mother's behalf to see if there is any evidence on file.
If you are able to find evidence then you will have to see a soliciotr about first registering a notice against the property and, thereafter, claiming the interest in the property at Court.
If your interest is not recoginsed by the siblings then a person's estate in these circumstances would pass to the childre of the deceased. So, they could attempt to claim 4/5 of the value of the property during the adminstration of your mother's estates.
Have a search of evidence, then see a soliciotr (asap really) about potentially making a claim for the property. Needless to say, you have to tred carefully with your siblings and attempt to manage them as best you can.
Kind regards
Tom
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