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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10774
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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My mother is still alive and in a dementia home. She has made

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My mother is still alive and in a dementia home. She has made a will to be equally shared between her four children. My eldest brother has a land registry document stating that we are proprietors of the property and are able to sell the house. Do the deeds override this.
My eldest brother has made himself executor of the estate along with his solicitor who has now retired. If the house was to be sold and my mother was still alive, would the will be put in force or would he as executor have total control over the funds. We do not have power of attorney.
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If the Deeds are indeed registered in the children's names, then this means the property legally belongs to them, and you are entitled to sell the house as and when you agree. Likewise, as and when the property is sold each of you will be entitled to due proportion of the sale proceeds. You all therefore have an equal control over the sale proceeds.
A Will only comes into force upon the person's death and does only cover assets belonging to them at the date of death. As the property is in your names, it does not belong to your Mother and therefore the clause in your Mother's Will concerning the house is irrelevant and does not apply.
I hope this helps and answers your question.
Kind Regards
Customer: replied 3 years ago.

Could you please provide an opinion on the fact that my eldest brother and a retired solicitor are executors. Presumably funds from a sale would go into my mothers bank account which my brother holds the cheque book for. How can we ensure that we all get equal shares of the sale proceeds.

Hi Jan,

Sorry for the delay.

As the Deeds are in your names, the proceeds will pass to you/the proprietors and will NOT pass to your Mother, so you have nothing to worry about.

On a separate side point, looking ahead, as the retired Solicitor is Executor with your brother, you have peace of mind that your Mother's Estate (which won't include th ehouse) will be dealt with correctly.

I hope this helps.

Kind Regards


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