B61 Notice of severance of Joint Tenacncy

amayeta

I purchase property with my older sister after years of living together one day I came home and she had changed the locks. I ended up having to go home to our parents. My sister did not pay me any money for the property and I did not sign anything to sever the tenacny. Now she has died and her executor have filed a B61 which I would like to question as I was forced out of the property, not compensated for my sisters actions.

The executor's told me that had not seen the will yet but obviously I now know that this is a lie and there is something that they do not wish me to know.

Is there something I can do to fight this as I believe I am entilted to half the property as origianally agreed. Not that I wish to sell anyway which is a question one of the executors asked me but I thought nothing of it.
Any help would be much appreciate.
Thanks

NB: Please be advised that this has aslo been posted in the Death, Funerals and Probate Forum. This is a Crossover post.
Thank U VanHaller for explaining how to do this.

ValHaller

If the property was held 'Joint Tenants', it is outside the Estate and I am not sure that Executors would have the authority to file a B61 in the same way that your sister could have.

Hopefully, the Land Registry rep will turn up soon and address that point and also advise on processes for challenging the B61 - although they will only offer advice on processes.

I suggest that you post on the Death Funerals and Probate forum http://forums.moneysavingexpert.com/forumdisplay.php?f=217 for opinions on whether executors have the standing to issue a B61. If you do post there, say that you have posted here - and come back here and edit you post to say you have crossposted. This will save duplicated effort.

Land_Registry

I am not too sure that there is much I can add to what ValHaller has already posted.

A B61 is issued to a joint owner after receipt of an application to sever the joint tenancy to which they are not a party. In my experience we would serve a different form of Notice if the application had been made by a deceased owner's executor.
You refer to the executor filing a B61 though which would be different to us issuing a B61?

If it is a B61 Notice to which you are referring then I would contact the issuing office to seek clarification of the application as lodged and to advise as to the circumstances as you understand them.

The two types of ownership are explained from a land registration perspective in our Public Guide 18 but at this stage it is important to understand what is being applied for and by whom. You may then need to seek legal advice to ascertain how best to challenge the matter.

ValHaller

amayeta wrote: »

The executor's told me that had not seen the will yet but obviously I now know that this is a lie and there is something that they do not wish me to know.

Is there something I can do to fight this as I believe I am entilted to half the property as originally agreed. Not that I wish to sell anyway which is a question one of the executors asked me but I thought nothing of it.
Any help would be much appreciate.
Thanks

I believe that if the property was held Joint Tenants, you are entitled to the whole property.

You need to read the Land Registry rep's advice carefully plus the Public Guide linked to and establish whether your property is held Joint Tenants. Do not agree anything or sign anything for or with the executors without getting professional legal advice.

And you need to object to the Notice of Severance within time limits.

wannahouse

ValHaller wrote: »

I believe that if the property was held Joint Tenants, you are entitled to the whole property.

You need to read the Land Registry rep's advice carefully plus the Public Guide linked to and establish whether your property is held Joint Tenants. Do not agree anything or sign anything for or with the executors without getting professional legal advice.

And you need to object to the Notice of Severance within time limits.

you certainly DESERVE to get the whole property!!!
that was a terrible thing to do, to force you out!

amayeta

Thank you to everyone who replied to this post. I have since spoken to a representative from the Land Registry Office and was told the following information. My sister appparently signed some paperwork B4 she died giving notice that she wished to sever our Joint Tenancy Agreement it would apprear even if I did not agree with this the Land Registry has a duty to record this. This is I can only assume will prevent me from becoming the Sole Owner of the Property. If this is the case will I am still upset then I should still have an interest in the property and the executors cannot simple tell me that the property belongs to my nephew as they have been doing. I do think it might be worth seeking legal advise as the executors seem to have taken it upon themselves to continually lie to me. As my nephew now lives with me in my house the idea was to rent both properties out and to move us all into somewhere else to start a fresh. My nephew is quite happy for this to happen but the executors are telling me that I have no right. This seems to be getting quite complicated so I will have to seek additional advice. I will of cause keep everyone informed of what transpires. Again many thanks to everyone especially ValHaller your a star.