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:
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.
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