Tenants in common - share of house left to me

BabyButton

My parents told me several years ago that they had changed their details to be Tenants in Common and that they had changed their wills so that if one of them died, their 50% share of the house would then be passed on to be split between myself and my brother.

My Dad then passed away 2 years ago. Mum did the Probate herself.
I never saw any paper work at the time, but Mum then moved in with us and handed both me & my brother a cheque for our share of the house she had just sold, because we were the TIC.

10 months on and Mum says she can't live with us and wants to move out again and buy her own property again.

She's now demanding the money back that I received from her selling her previous home, where I was supposed to be a TIC.

I'm confused to how the TIC bit worked and if there should be some evidence somewhere? I didn't even get to see a copy of my Dad's will (asked Mum but she's deliberately being awkward), I've paid for a copy of the will online. Will there be a TIC agreement anywhere and can I request a copy?

Mojisola

BabyButton wrote: »

My parents told me several years ago that they had changed their details to be Tenants in Common and that they had changed their wills so that if one of them died, their 50% share of the house would then be passed on to be split between myself and my brother.

This kind of arrangement in a will usually comes with a 'life interest' so that the surviving spouse can continue to live in the house if he/she wants (and move to another property using the capital, if wanted).

Once the house is sold and the money has been given to the beneficiaries, I don't see any way it can be claimed back.

WillowCat

Something's not quite right here.

If her and dad did change the land registry entries from joint tenants to tenants in common, and his will gave his share to you and your brother, then she could not sell the house without your and your brothers signature. In which case it would be the conveyancing solicitor who gave you the money, not your mother.

If that change was not made at the land registry then it would seem that your mother has attempted to put you in the position as it would have been IF it had been made.

Legally, in that case you have not been the beneficiary of your dad's will, but your mother has made a gift to you of part of the sale proceeds.

It is a subtle difference, and in any case a gift cannot be demanded back (though there is a different moral argument) , but it may have implications if your mother needs support in the future as it could be seen as deprivation of capital.

Mojisola

You do need to see the will and the probate information.

Did you check at the time of the house sale how much it had been sold for?

Land_Registry

The TIC agreement/arrangement can take many forms, sometimes in the wills themselves or often as a trust deed or declaration of trust. In the latter case there is no central record as the declaration or deed is held by each party and the solicitor who drew it up for them for example.

Willowcat makes an interesting point re the sale but I would add that the beneficial ownership, their shares, is quite separate from the legal ownership we register. This wasn't the OP but may need clarifying.

When there are joint legal owners, two or more people name don the land register as the registered proprietors, and they become TIC then they may seek to register what is known as a form A restriction. However they don't always so often it is a case of piecing the details together the information from a variety of sources.

If there was a form A restriction on the register then to sell your Mother, as the sole surviving legal owner, would have had to appoint someone to act with her and to take receipt of the [capital[ monies - see the restriction wording

The key thing to clarify is that it does not have to be a beneficiary or indeed anyone linked to the family/will/property. And as such she would not have needed you or your brother's signature or involvement at that stage

The TIC affects the beneficial ownership and that relates to the monies and not the legal ownership. So your Mother could appoint anyone to act with her, take receipt of the monies and then share them as the will required - from your OP this is what she did.