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Buachaill, Barrister
Category: Law
Satisfied Customers: 10956
Experience:  Barrister 17 years experience
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Hi just need some advise. My father has 2 brothers. My father

Customer Question

Hi just need some advise. My father has 2 brothers. My father is the eldest. His youngest brother thomas has always lived with there mum who unfortunately passed away July 2012.. Now when there father passed over 25 years ago it was unlikely they could keep the house they lived in, so Thomas and my dad and Neil other brother decided as a group family decision that Thomas buy half of the keep a roof over there head..this way the mum owned half and Thomas owned half. Thomas name as far as we know are on the deeds and there was no will..My dad and Neil are surely entitled to shares in the other half owned by there mum. Can you advise me please if this is possible.
Submitted: 4 years ago.
Category: Law
Expert:  Buachaill replied 4 years ago.

Buachaill :

1. Yes, effectively on their Mum's death, her half share would be divided equally between the three sons with the result that in equity, irrespective of the fact Thomas's name is on the deeds, that your father and Neil would each own a one-sixth share in the property with Thomas owning the remaining two thirds. What your father should do here is to extract letters of administration to your mother's estate so as to handle the transfer of her share into the three sons name. In this way it will be clear what the situation is and Thomas will be forced to deal with the real ownership issue. Accordingly, I would advise your father to speak to a solicitor about administering his Mum's estate and about taking out probate to her estate. Alternatively if Thomas will agree, he could enter negotiations about Thomas buying out your father and Neil's share in the house.

Expert:  Clare replied 4 years ago.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
The answer to this depends entirely on what the Title deeds say
If Your grandmother and uncle held as Beneficial Joint Tenants then I am afraid that the property passes to your uncle automatically.
However if they held is a Tenants in Common then the mothers share is shared equally between her three children.
You can work out which it is by looking at the Title Register
If there is a Restriction in the Register saying that any receipt has to be by more than one person then it was held as Tenants in Common.
I hope that this is of assistance - please ask if you need further details
Customer: replied 4 years ago.
Hi thanks Buachaill for your answer, how would my father go about administrating his mums estate? What would the cost be? Thanks
Expert:  Buachaill replied 4 years ago.
2. Your father can either administer the estate himself on his own or he can apply a solicitor to aid him in administering the estate. If he does it himself, there will be minimal charges, but if he uses a solicitor it ultimately will wind up being about 3-5% of the value of the estate in solicitor's fees. The key difficulty with your father doing it himself is that there ultimately may be a conflict with Thomas about the ownership of half the asset. At that stage, if a conflict arises, he can then see a solicitor, if he hasn't already done so. However, given that there is really only one asset of the estate, it is possible to do it himself.