Tennants in Common, inherited house.

G_M

Morgage_Confused wrote: »

In answer to this post from G_M
Just a long shot:

* has Probate been granted?
No probate was applied for as the only asset was nans house?
Not sure why that's a question. I certainly don't know if probate's been granted!
* who are/were the Executers?
The "neutral" sibling.
* has the property's Title actually been transfered?
Yes its in three names now. Was a nightmare as there were no deeds or land registry. But that has now been sorted finally.

I was under the impression probate was always required where property was involved. Might be wrong.

Neutral sibling has been a tw*t! Should have sold the property rather than transferring it.

How did Executer transfer it? I thought the Land Registry required sight of the Grant of Probate to authorise sale of a deceased's property.

Morgage_Confused

The reason for the ? was because I dont know if it was necessary to get probate but can state probate wasnt applied for.

Nan died whilst the land registry was dealing with the house. The land registry couldent put the house in a deceased persons name so they put it in all three names as per Nans will.

Its a nightmare as all three siblings are pulling in different directions and dont really communicate properly. Its a shame as its a lovely house in total disrepair. It needs gutting, renovating and putting on the market. Would be worth approx £600k renovated.

Resident sibling is not paying anything to live there, basically a free house.

I was hoping for a simple solution.

gingercordial

Morgage_Confused wrote: »

Now to avoid sibling conflict ...

Ignoring the financial part, why is this down to you?

Ask yourself why you feel the need to take on the role of peacemaker between your father and your uncles/aunts. These are not your siblings and it is not your argument. Your father is a grown-up who presumably can deal with his own familial disputes. You cannot always avoid conflicts in life, much as many of us would prefer to. So why do you need to get involved, especially given the financial cost to you?

Of course you can support your father, give him advice on what to do next, shoulder to cry on or someone to vent to about the unreasonable sibling. But it isn't down to you to have to fix things.

No need to answer this here, but for you to consider: is this a role you always find yourself taking? Are you the family "fixer"? Do you dislike conflict so much you find yourself always jumping in straight away to try to make it better? If so, is that a role you want to keep having in the future?

Either way you do not need to do this to sort out conflicts between other family members. Let them sort it out themselves.

booksurr

Morgage_Confused wrote: »

The reason for the ? was because I dont know if it was necessary to get probate but can state probate wasnt applied for.

then either you have misunderstood something or someone has made a mistake because probate is always required where a property is involved (and is not passing directly to a surviving spouse where it was held as a joint tenant)

Morgage_Confused wrote: »

Nan died whilst the land registry was dealing with the house. The land registry couldent put the house in a deceased persons name so they put it in all three names as per Nans will.

i very much doubt, knowing the legal owner was deceased, that the Land Registry processed a change in ownership without probate having been obtained

Morgage_Confused wrote: »

Its a nightmare as all three siblings are pulling in different directions....
I was hoping for a simple solution.

you have a family potentially at war, how could there be a simple solution since resident brother stands to lose a great deal

G_M

I too query exactly how the transfer was affected. Despite the fact that Nan may have started the registration process before she died, I doubt the LR would rely on the will alone to register the property in the Beneficiaries' names.

LR cannot pass a property to beneficiaries without knowing inheritance tax etc have been dealt with. This is evidenced via the Grant of Probate authorising the Executer to deal with the property.

LR Rep may be along to clarify (especially if you amend the thread Title to include 'Land Registry').

If LR acted improperly there may be grounds for complaint.

Having said that, it now seems clear

* resident sibling cannot afford to buy the others out
* resident sibling cannot afford to maintain the property, far less improve it
* resident sibling will not wish to leave his 'home'.

So either the other 2 :

* wash their ands of their inheritance, or

* they bring pressure to bear on resident sibling : emotional pressure, other financial pressure, or legal pressure

getmore4less

booksurr wrote: »

then either you have misunderstood something or someone has made a mistake because probate is always required where a property is involved (and is not passing directly to a surviving spouse where it was held as a joint tenant)

i very much doubt, knowing that the legal owner was deceased, that the Land Registry processed a change in ownership without probate having been obtained

you have a family potentially at war, how could there be a simple solution since resident brother stands to lose a great deal

The land reg rep has highlighted that probate is ONLY required when the property has a sole proprietor and that person dies, then a grant is needed to process the change of legal ownership..

Where there are more than one proprietor, either joint tenants or tenants common all that is needed is the death certificate to remove the deceased owner.

Where the is a restriction(No disposition by a sole proprietor) the sole owner needs to appoint a second trustee to sell the house, no grant required.

Cakeguts

How did you pay the inheritance tax?

Morgage_Confused

No IHT to pay as under £650k. Grandad left house to Nan with no other assets. Nan dies with only the house as asset which was valued at approx £500k.
I was told by the solicitor who dealt with the land registry and the house deeds (there were no deeds and it wasnt on the land registry) that the land registry allowed the house to be directly registered to the three siblings as Nan had died during the process and the house couldn't be registered in deceased name.

Land_Registry

It wasn't the original issue but one which has surfaced in the later posts.
As others have mentioned probate is invariably required where a property forms part of the deceased's estate.

As also posted if it's a jointly owned property probate won't be required to deal with the property as the surviving joint owner deals with the legal ownership.

The OP stated that Grandad left the house to Nan but unsure if it was jointly owned or whether Grandad owned it solely. As the deeds were lost and Nan sadly passed away before the registration was completed I assume the application had already been submitted.

And how are all three siblings registered? Not as to whether there is a form A restriction but is their any wording qualifying the entry?

The key is in the detail here, and that is in no way a criticism of the OP as the situation reads as being complicated enough on a number of levels.

Happy to take a look to close out the registration point but I'm unsure that really changes the OP/Siblings' position. The executor is presumably as named in Nan's willalthough Grandad/Sole ownership question clouds that a little.

Morgage_Confused

OK as far as I know. Grandad sole owner. Dies intestate 16years ago. House passes to nan(they were married). Nan dies, will leaves house to 3 siblings. The siblings are now "Tenants in common". I have the land registry details. Three names are on the deeds.
1 year before death nan makes will at solicitors who are also registering the property and sorting out the deeds. Also may I add they are sorting out the grandads intestacy situation 16years after death. This process of first registration and deeds took about 15 months. Nan dies before land registry completion.

I have the deeds and can look up anything if it helps.