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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 16928
Experience:  I have been practising for 30 years.
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Very complicated issue, my brother lived with his partner

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Very complicated issue, my brother lived with his partner for 40 years owing half the house on his death he wanted to divide his share between his 4 siblings they never write a will together we recently nursed our brother at our house as he was not able to go to their house due to her MH issues my brother write a shop brought will witnessed by his 4 siblings, but his partner is now saying his had automatically goes to her there are no children what are our legal rights
JA: What steps have you taken? Have you filed any papers in family court?
Customer: Don’t know what our rights are my brother passed away yesterday
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: my brother lived in London and I live in Essex have we a right to his half or not as we do not have funds for legal if we do not have a right
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Basically do we have rights or not

Welcome to Just Answer.

I will be happy to assist with your question today. I need some time to consider this and compose a response. There is NO need to wait online because you will get an email when I respond. Sometimes it will be minutes, sometimes longer.

I apologise for any unavoidable delay, but rest assured I have not forgotten your question.

So your brother wrote a will that was witnessed by the beneficiaries - is this correct?

were he and his partner joint or tenants in common?

F E Smith and 7 other Law Specialists are ready to help you
Customer: replied 6 days ago.
it was witnesses and they where joint tenants
Customer: replied 6 days ago.
Cancel call and payment
Customer: replied 6 days ago.
Please refund my payment as I have not received anything this is illegal

I am sorry, but this is not a chat service. It’s an email reply board and therefore there may be a delay getting back to you because we have clients and travelling and other users to deal with.

Sometimes we will get back to you in minutes, other times it will be longer.

I did say that in my initial reply.

The property may indeed go to your late brothers partner depending on whether the house is joint tenants or tenants in common.

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 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.

If you don’t have the up-to-date title deeds 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/

URL likely to need the plan.

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.

There is no point in arguing further until you have looked at that.

If you want me to clarify, just attach the title deed and I will tell you whether your late brothers half of the property goes to his beneficiaries or to his partner.

I am glad to help.

Hopefully, I have answered your query in a way that is simple and easy to understand.

I would be more than happy to clarify anything else for you. In the meantime, thank you once again for using our services.

Please note that my answer is based strictly on the information that you have given me. If you have not given me all the information, then my answer may be incomplete or wrong.

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

If you still need any points clarifying, I will be happy to reply because the thread does not close. In fact, it remains open indefinitely.

I am always happy to answer any questions you have if you start your question with, “ For FES only”

Thank you.

Best wishes.

FES

Customer: replied 4 days ago.
Never received a call taking this further complete con
Customer: replied 4 days ago.
Never rated this 5 stars again a fix