before probate

g6jns_2

Pricivius wrote: »

In an attempt to set out the situation to try and clarify matters for the OP:

A owns 50% of property as tenants in common with A's Brother.
A is married.
A dies without leaving a will.
A's 50% share of property and any other assets will be inherited in line with the laws of intestacy.
A's wife therefore inherits A's 50% share of the property and any other assets up to the value of £250,000, at which point it gets a bit more complicated and other beneficiaries become involved.
A's Brother continues to own his 50% share as tenants in common with A's wife (presuming her 50% share was worth below £250,000).

1. Is that correct?
2. OP - which part of the above are you not understanding?

She claims that because the widow did not contribute anything to the cost of the house this negates the widow's entitlement.

Mojisola

g6jns wrote: »

She claims that because the widow did not contribute anything to the cost of the house this negates the widow's entitlement.

In the other thread, Clouds says -
My father passed away last year. He did not leave a will to my knowledge so far! I am an only child. I lived with my Dad and I still reside in the property. The property has a closed restaurant underneath. My Dad also got married last year in Bangladesh.

The property is owned on a joint tenancy with my late father and his brother. His brother has never paid the mortgage, but since Dads passing has begun to. He wants the property and wants me out.

So uncle hasn't any right to his half of the house because he didn't pay towards it and the new wife shouldn't inherit because the wife doesn't live here.

loubel

Thanks for the background info.

CLOUDS

Quite harsh some of you on here.... quite funny really considering I have posted for some advice. If you have not had experience in this then please don't reply to this thread.

There is much more to this than I can go into. The uncle also has claimed benefits for the term of the mortgage.

He is not entitled to 50 per cent and when I know how and I am in a better position I will challenge this. I do have a claim under the inheritance and dependancy act. And the marraige is not valid.

Its which way to do this... what to do first.

So original question again without muddying it with everything else....

How do you challenge a tenant in common share? Can you do this as administrator? People on here have said no..... so can you challenge as a beneficiary of estate? Or would this need to be done before?

Thank you

CLOUDS

Quite harsh some of you on here.... quite funny really considering I have posted for some advice. If you have not had experience in this then please don't reply to this thread.

There is much more to this than I can go into. The uncle also has claimed benefits for the term of the mortgage.

He is not entitled to 50 per cent and when I know how and I am in a better position I will challenge this. I do have a claim under the inheritance and dependancy act. And the marraige is not valid.

Its which way to do this... what to do first.

So original question again without muddying it with everything else....

How do you challenge a tenant in common share? Can you do this as administrator? People on here have said no..... so can you challenge as a beneficiary of estate? Or would this need to be done before?

Thank you

loubel

What you want to do is really not something you can do by yourself. You need to go and see a specialist solicitor.

Pricivius

Can you explain the basis on which you state your uncle is not entitled to his 50% share?

Owning a property as tenants in common has nothing to do with mortgage or paying in to the property or claiming benefits. For whatever reason, your father agreed that his brother owned 50% of the property - why are you not prepared to honour the arrangement your father made?

If your uncle has defrauded the benefits system, that's a totally separate issue to be reported to whichever dept he has defrauded - HMRC, DWP of local council. It does not negate his house ownership.

So, in answer to your question, you need to explain why the agreement your father and uncle made to own as tenants in common us not binding... I do not think you can challenge on the grounds you have so far given.

Mojisola

CLOUDS wrote: »

He is not entitled to 50 per cent and when I know how and I am in a better position I will challenge this.

I do have a claim under the inheritance and dependancy act.

And the marraige is not valid.

You haven't given any facts on here to explain why he isn't entitled to half the house and why the marriage isn't valid.

Explain your reasons to a solicitor and tell him/her to take action on your behalf.

g6jns_2

Mojisola wrote: »

You haven't given any facts on here to explain why he isn't entitled to half the house and why the marriage isn't valid.

Explain your reasons to a solicitor and tell him/her to take action on your behalf.

This sort of thing has happened throughout this thread. The OP suddenly introduces new "facts" that have not been raised before without explanation. It is becoming very hard to regard her statements with any credibility at all. Very sad indeed.

CLOUDS

Lol. I'm not about to put all details here at once... like I have repatedly said its complicated. I have seen solicitors and a barrister. And like I have said before there advice varies. Due to the fact that this case covers so many different areas.

Original question

How do you challenge a tenant s in common share? I didn't want to see a property lawyer aswell... so if any one has experience in this then please post the answer. Thanks.