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Ask Jeremy Aldermartin Your Own Question
Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Law
Satisfied Customers: 1407
Experience:  Dual qualified Solicitor and Attorney
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My Mum and her husband have a will in place which states

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Hi, My Mum and her husband have a will in place which states that my Mum owns 94% of their property (both signed and witnessed etc), however, I've checked Land Registry and my Step Father has registered the property stating that the house is owned equally at 50% each. Which, in the event of death, takes precedent?
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: Thats not relevant to my question I dont believe?
JA: Where is the house located?
Customer: Down South in Hampshire
JA: Anything else you want the lawyer to know before I connect you?
Customer: No, its quite a simple straightforward request I believe

Hi thank you for your message, you mentioned they have a will stating your mother owns 94% of the property but that would not change the legal position if for example your father actually owns 50% of the property then he can give some of his share to your mother on his death but he cannot do that if in fact he owns 6% then he cannot give his 50% therefore in effect the Land Registry takes precedent. The Land Registry can be updated now however, if this should be changed to reflect the correct position. I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

Customer: replied 27 days ago.
Hi, Its my Step Father, so my mother owned the house (that her and my father bought, then my Dad died). Then my mum and Step Dad (wanting anew start) knocked the house down and rebuilt. With my mother originally owning the property then paying to knock down and paying to rebuild with my step father only contributing 6% of all costs - hence it is written in their wills that she owns 94% and he only owns 4% So, would the Land Registry still take precedent - so if Step Father died first could his children claim 50% of the value of the house believing it to be half owned by their dad (if they checked land registry? rather than believe the will)

Hi thank you for your message, the land registry takes precedent so if they intend for your mum to own 94% then this should be changed at the Land Registry. I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

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