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Buachaill, Barrister
Category: Law
Satisfied Customers: 11396
Experience:  Barrister 17 years experience
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My brother died and left his residential property to his two

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My brother died and left his residential property to his two nephews. Having found the deeds, there is no evidence that it was ever registered in his name after our mother died and left the house to him. How to we establish ownership to his beneficiaries
Assistant: Where is this? And can you tell me a little more about the charge?
Customer: What charge?
Assistant: What documents or supporting evidence do you have?
Customer: I have the original deeds from 1946 in my father's name. The deeds when the property was gifted and shared with both parents in 1968. My mother's death certificate, grant of probate and will, in which she left the house to my brother. Also my father's death certificate. I do have my brother's grant of probate including his will. I am a co-executor.
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: I believe ownership has to be established before registering the property with the land registry office. Is this correct?

Hello, and thank you for your question. I am your Expert and I will provide the answer you require.

1. Dear *****, essentially what has to happen here is that the estates of your father and mother has to be administered and admitted to Probate to establish the ownership of your brother of the properties. Then your brother´s estate can be administered and the ownership of your two nephews over the properties registered in the Land Registry. However, the chain of title must be perfected, or created, by administering the estates of your mother and father. In this way, the title can be moved from your father´s name to your nephews´names.

2. The Land Registry will look for his chain of title to be perfected so it can be validly transferred along the chain of owners. A solicitor can help you with the process if you find it difficult, as there will be a considerable amount of work involved.

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