Restriction - Registered Deed on Property Help

ceaserandnewton

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.

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NordicNoir

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

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

ceaserandnewton wrote: »

"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!

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.

getmore4less

duplicate

https://forums.moneysavingexpert.com/discussion/5662149

ceaserandnewton

Hi, Yes sorry, i wasn't sure the best place to add this.

Ziggazee

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

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

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.