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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10740
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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My sister and I share ownership of our late parents flat. If

Customer Question

My sister and I share ownership of our late parents flat. If she passes away without making a will does the flat belong to me, or would her half go to her husband?
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.

Hello and thanks for using Just Answer.

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

There are 2 different ways people can hold a property.

They can hold it as "Joint tenants" which means the property would pass automatically to the survivor on th efirst person's death OR

They can hold it as "Tenants in common" which means they both own a separate 50% share each in the property, and which 50% passes in accordance with their respective Wills or to their next of kin if they have not made a Will.

If the property is held as Tenants in common (which it would normally be where siblings jointly own the property), there will be a Restriction on the title

in the following wording-

No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court.’

You should therefore check the Land Registry Deeds to confirm this.

I hope this assists and answers your question.

Kind Regards


Expert:  Aston Lawyer replied 2 years ago.

Can I assist you any further?

Kind Regards