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  • FIRST POST
    • ceaserandnewton
    • By ceaserandnewton 9th Jun 17, 9:49 AM
    • 11Posts
    • 1Thanks
    ceaserandnewton
    Restriction - Registered Deed on Property Help
    • #1
    • 9th Jun 17, 9:49 AM
    Restriction - Registered Deed on Property Help 9th Jun 17 at 9:49 AM
    Hi,
    I’m hoping someone here may be able to help me out.

    My Mother sadly passed away recently. She was living with another guy but was still married to my Father.

    She left a will in which she left everything to my Father. My Father and I have since obtained the Grant of Probate.

    The property they lived in has the Deed which I’ve uploaded linked to it as an official restriction at the land registry.

    The only problem I have is that I don’t understand exactly what this Deed means in terms of what, if anything forms part of my Mothers Assets.

    My understanding of it is that my Mother is entitled to half the value of the property?

    EDIT: Wouldn't let me post links so kindly copy the links in your browser.

    Code:
    imageshack.com/a/img923/7484/x7FMZq.jpg
    imageshack.com/a/img922/7011/48jked.jpg
    Last edited by ceaserandnewton; 09-06-2017 at 10:25 AM.
Page 1
    • MichelleUK
    • By MichelleUK 9th Jun 17, 10:49 AM
    • 260 Posts
    • 167 Thanks
    MichelleUK
    • #2
    • 9th Jun 17, 10:49 AM
    • #2
    • 9th Jun 17, 10:49 AM
    It appears that the house was held as 'beneficial joint tenants', so the house passes to your mother's partner upon her death.

    The value of half of the house is still included in the value of the estate, for inheritance tax purposes and probate, even though it has effectively passed directly to her partner.
    • ceaserandnewton
    • By ceaserandnewton 10th Jun 17, 9:24 AM
    • 11 Posts
    • 1 Thanks
    ceaserandnewton
    • #3
    • 10th Jun 17, 9:24 AM
    • #3
    • 10th Jun 17, 9:24 AM
    Thank you for the Replies. I have a solicitor who's being cagey and saying there might be a case, but he said the Deed is badly written.

    The bit that confused me is where it says

    "in equal shares as joint beneficial tenants"

    Normally Joint beneficial tenants wouldn't be listed as a restriction, but on the other hand, that phrase normally means one share passes to the other upon death.

    I'm really confused!
    • SevenOfNine
    • By SevenOfNine 10th Jun 17, 4:52 PM
    • 1,062 Posts
    • 998 Thanks
    SevenOfNine
    • #4
    • 10th Jun 17, 4:52 PM
    • #4
    • 10th Jun 17, 4:52 PM
    "in equal shares as joint beneficial tenants"

    Normally Joint beneficial tenants wouldn't be listed as a restriction, but on the other hand, that phrase normally means one share passes to the other upon death.

    I'm really confused!
    Originally posted by ceaserandnewton
    Yes, as you already understand it seems, they owned it equally as beneficial joint tenants so in the event of death of either, the survivor becomes sole owner.

    The second part I would expect to find under 'Proprietorship Register', which specifies the class of title, identifies the owner & contains any entries that affect the right of disposal. If both were still living one cannot sell the property without the other agreeing.

    In your case, the property has passed solely to the other joint beneficial tenant (her partner), she can't leave her 'share' to your father.

    If you have a solicitor who is 'being cagey', you should choose one who can clarify your position in a more positive manner. This is a forum after all, so anything said here may be our understanding of a situation - perhaps not the same as the legal professions interpretation of course.
    Seen it all, done it all, can't remember most of it.
    • getmore4less
    • By getmore4less 10th Jun 17, 8:10 PM
    • 28,768 Posts
    • 17,200 Thanks
    getmore4less
    • #5
    • 10th Jun 17, 8:10 PM
    • #5
    • 10th Jun 17, 8:10 PM
    duplicate

    http://forums.moneysavingexpert.com/showthread.php?t=5662149
    • ceaserandnewton
    • By ceaserandnewton 10th Jun 17, 8:18 PM
    • 11 Posts
    • 1 Thanks
    ceaserandnewton
    • #6
    • 10th Jun 17, 8:18 PM
    • #6
    • 10th Jun 17, 8:18 PM
    Hi, Yes sorry, i wasn't sure the best place to add this.
    • Ziggazee
    • By Ziggazee 12th Jun 17, 1:37 PM
    • 443 Posts
    • 568 Thanks
    Ziggazee
    • #7
    • 12th Jun 17, 1:37 PM
    • #7
    • 12th Jun 17, 1:37 PM
    Aaaah....but is the solicitor 'being cagey'....or are you just hacked off that the house passes to the partner rather than to your father (and subsequently to you)...?
    • ceaserandnewton
    • By ceaserandnewton 13th Jun 17, 4:23 AM
    • 11 Posts
    • 1 Thanks
    ceaserandnewton
    • #8
    • 13th Jun 17, 4:23 AM
    • #8
    • 13th Jun 17, 4:23 AM
    The solicitor is being Cagey, he drags things out, if I hire another one they will have to become familiar with all the background and start fresh, heard of the saying"Better the Devil you know"

    Also, my late mother's aquantiance 2 days after she passed away attempted to apply for probate with a will which has since been declared Null and void. In his Will my mother left everything to him....

    In the real will, she left everything to my dad , should he not of outlived her for 30 days then to myself and brother in equal shares.

    This has been dragging on for some time now and I just want to know if my father has a claim on the property, if no then nothing to say or do. If yes then he would like to realise the assets as soon as possible.

    I assume my Father will one day leave my brother and I equal shares.
    • leespot
    • By leespot 13th Jun 17, 3:36 PM
    • 501 Posts
    • 388 Thanks
    leespot
    • #9
    • 13th Jun 17, 3:36 PM
    • #9
    • 13th Jun 17, 3:36 PM
    It appears that your father won't inherit or be able to claim anything of the property - your mother should have changed the ownership of the property to tenants in common in order for her share of the property to form part of her estate.
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