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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10773
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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Where do we stand our mother and father died one year ago.

Customer Question

Where do we stand our mother and father died one year ago. There is a house involved but my middle sister lives there. With the deeds it was in mother, father and sister. The thing is that she said that she was going to move but now is saying that she is not and the house is hers. There was a will but unable to find it. In the will that we can not find it said that one third is sues and then the other two thirds will be divided by the three of us. Where do we stand with this there is no mortgage outstanding on the house. Please can you help me that you
Submitted: 3 years ago.
Category: Law
Expert:  Aston Lawyer replied 3 years ago.
Hello and thanks for using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

The first thing you need to do is to find out how your parents and sister held the property. If they held it as "Joint tenants" this means that upon the first and second deaths, the property automatically passes to the survivor (ie your sister). If this is the case, then the property does now belong solely to your sister, even if any Will says that any share should pass to you and your other sibling.
The other way that the property may be held is as "Tenants in common". If it is held this way, then each of your parents and sister hold a separate one third share each in the house, and which one third share passes in accordance with each of theirs Will. If they held the property this way, then you do need to try and locate your Father's Will and also your Mother's, so you can get confirmation as to who should inherit their respective one third share. If no Will can be located, then it has to be assumed that there was no Will (or if there was a Will that it had been destroyed) and your father's share would then pass in accordance with the Rules of Intestacy which would mean all 3 of you would inherit an equal share each.

I am guessing that the property was held as Joint tenants, otherwise your sister would not be saying that the property is hers.

You therefore need to check with a local Conveyancing Solicitor as to how they did indeed hold the property. He will be able to apply to the Land Registry for a copy of the Deeds and this will show how they held the property.

I hope this answers your question and sets out the legal position.

Kind Regards
Expert:  Aston Lawyer replied 3 years ago.

Hi Karen,

Can I be of any more assistance to you?

Kind Regards