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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 16423
Experience:  I have been practising for 30 years.
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I have a will dispute i would like advice about. uk, The

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Hi
JA: Hello. How can I help?
Customer: I have a will dispute i would like advice about.
JA: Where are you? It matters because laws vary by location.
Customer: uk
JA: What steps have you taken so far?
Customer: The will was made 25 years ago but i have only just found it. Im trying to get my inheritance but the executor say im not entitled as the will state JOINT TENNATS and not TENNATS INCOMMON
JA: Anything else you want the Lawyer to know before I connect you?
Customer: thats all for now

Good afternoon. I will assist with your question - be aware this is an email not chat service therefore i maybe delayed in replying.

please give me all the background as to the reason it was joint tenants and not tenants in common -

and why did you not realise at the time

Customer: replied 6 months ago.
My grandfather made the will in 1984 and died in 1996 or there abouts. He left me a share in the family farm but when the will was found it stated JOINT TENNATS and there for the will was deemed null and void. I have only recently seen this will and have asked the executor ‘ my father’ why I have not received my inheritance and has said it’s the wording of the will should have read TENNATS IN COMMOM for it to have been effective. I believes the will was severed with a severance deed but my father denies any knowledge of this.
Customer: replied 6 months ago.
Hi. May have phone chat at a later stage.

I will explain the difference between Joint Tenants and Tenants in Common.

You need the title deed (you don’t need the plan) to the property.

You can get the title deed and the plan quickly and easily by using this link:

https://eservices.landregistry.gov.uk/www/wps/portal/!ut/p/b1/04_SjzS0tDQwMTIxMjLXj9CPykssy0xPLMnMz0vMAfGjzOKNjSxMDA1NjDwsjM3MDTxN3dyNDUNMjQ1MjPWDU_P0c6McFQH3SLFU/

and you will have to pay 3 pounds for the title deed and 3 pounds for the plan.

You will then have them in minutes if not seconds.

You will see that it has three sections

A Property Register which describes the property

B the Proprietorship Register which says who owns it

C the Charges Register which gives details of mortgages, leases, restrictive covenants and anything else which affects the property.

Have a look in B Proprietorship Register

You are looking for a restriction along the lines of “No disposition by a sole proprietor et cetera et cetera”

That restriction may or may not be in there. I know it’s rather odd wording.

If the restriction is NOT in there than the property is held as Joint Tenants which means that when one co-owner dies, the deceased persons share passes automatically to the other under the right of survivorship.

Even if there is a will leaving the deceased persons share to someone else, it’s not effective, and the deceased persons share still passes to the survivor, regardless of what the will says.

If the restriction IS in the title deed then the property is held as Tenants in Common which means that when one co-owner dies, the deceased persons share passes in accordance with the terms of their will or, if there is no will, under the Rules of Intestacy.

However this is the situation if it was a current deed, it may have changed over the years.

I think it doesn’t matter what the will says whether the property is joint tenants or tenants in common.

It is what was in the deeds at the time which is relevant.

Regardless of what the will says as to whether it’s joint tenants or tenants in common and regardless of who gets what under the terms of the will, if the property is joint tenants it goes to the survivor regardless of what it says in the will.

It’s tenants in common then it goes under the terms of the will.

I think what happened here, from what you have said, is that it’s highly likely the property was held as joint tenants and therefore even though the will said that somebody got half of the property they wouldn’t anyway. The will was defective in effect.

The timescale for contesting will as 12 months so you are well out of time BUT you are not contesting the will, if what I have said is not the situation, it is fraud by the executors/beneficiary and there is no timescale for that.

Can I clarify anything else for you?

I am happy to answer any specific points arising from this.

Please take a moment to look at the top right-hand corner of the page and rate my service by clicking one of the stars at the top of the screen.

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Thank you.

If you still need any points clarifying, I will still reply because the thread does not close.

Best wishes.

FES

Customer: replied 6 months ago.
Is the title deed the same as the registry deed.

It is indeed. (No pun intended).

I am glad to help. Please don’t forget to use the rating service because it means that can continue to provide affordable and timely legal advice to people with similar problems.

Although it says "rate to finish" it doesn't close the thread and we can still exchange emails.

You may need to login again to use the rating service.

Kind regards

F E Smith and 2 other Law Specialists are ready to help you
Customer: replied 6 months ago.
Is the Proprietorship Register the same as the title deed and registry deed, just working out what deeds ect i have. Can attachments be sent on this service. Also could the Joint Tenants have been severed with a severance deed to make it to Tenants in Common
Customer: replied 5 months ago.
I am a partner in a farming business with 2 others. There is no partnership agreement. Where the account says TANGIBLE FIXED ASSETS is this relating to the actual farm land we farm. Basically I’m asking is the land in the partnership or separate. Im been told the land is not in the partnership and I am not entitled to any land only partnership profit.Below is how it reads in the accounts.TANGIBLE FIXED ASSETS
Improvements
Freehold to Plant and
property property machinery
£ £ £
COST
At 1 January 2018
At 31 December 2018
I am a partner in a farming business with 2 others. There is no partnership agreement. Where the account says TANGIBLE FIXED ASSETS is this relating to the actual farm land we farm. Basically I’m asking is the land in the partnership or separate. Im been told the land is not in the partnership and I am not entitled to any land only partnership profit.Below is how it reads in the accounts.TANGIBLE FIXED ASSETS
Improvements
Freehold to Plant and
property property machinery
£ £ £
COST
At 1 January 2018
At 31 December 2018

As you appreciate, the question you have now asked is completely different than the original one and it should really be on another thread.

If the land is owned by one of the partners, then it would not normally be a partnership asset.

I will give you an example and that is that our senior partner owns the building and charges the partnership rent. It is not a partnership asset.

Customer: replied 5 months ago.
Would all the parteners names need to be on the deed to give them a share of the land. Ie one partner does not have his name in the deed. Would he still be entitled to a share of the land.