Deed - Restriction Clarification

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?

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G_M

Can't read the image.

Who is the registered owner?

Is there a Charge/mortgage?

ceaserandnewton

Hi Thanks for the Reply, Your need to out http// in front of the links and put them into a web browser.

G_M

No. You need to put www. in front.

Who is the registered owner?

Is there a Charge/mortgage?

Is 'Mrs Penny' your mother? Is Mr Bloggs the 'other guy'?

xylophone

http://www.mindatrest.co.uk/blog/how-to-tell-if-property-is-owned-as-tenants-in-common

00ec25

the (validly signed and witnessed) deed states that Mr Bloggs purchased a property in 2002 but the deed has been done to establish that Mr Bloggs holds the property on trust for Mrs Penny - obviously OP has overwritten the document with fake names and presumably Mr is the lover and Mrs is OP's mother.

the first clause of the deed expressly states that Mr Bloggs holds the property on trust and upon sale of the property the net proceeds will be split equally as beneficial joint tenants between Mr Bloggs and Mrs Penny

the second clause of the deed requires Mr Bloggs to register a restriction with the Land Registry to the effect that the property cannot be sold without consent from Mrs Penny (or her personal representatives)

that is all the deed says.

it would therefore appear it has indeed created a 50/50 tenancy in common

Op now needs to establish if Mr Bloggs retains a life interest and therefore the OP's father, as beneficiary under mother's will, can or cannot force an immediate sale of the property and thereby release the share of the estate the father has inherited. If Bloogs retains life interest the sale will be delayed and OP's mother's estate will have to include half of the value of the property in the probate declaration, but may not be able to convert that to cash for sometime yet

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!

00ec25

ceaserandnewton wrote: »

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!

not sure what you hope to get from posting here then on that basis. Go see another lawyer for a professional second opinion.
- clause one establishes the 50/50 split
- clause two records the restriction

surely the intent of the deed was to record a tenancy in common? Or is your father now refusing to acknowledge your mother's estate has a claim on the value of that property?

ceaserandnewton

Hi ooec25,

Thank you for taking the time to reply.

We all know what most solicitors are like, unfortunately mine has a fin on his back but I'm sort of stuck with, he does get the job done, but drags it out a bit.

I'm worried there might not be any claim to the property and I'm just wasting time and money, or if I can find out for for sure there is a claim then I can tell him to get on with the legalities.

I'm just trying to understand as much as possible so I'm not blind to the situation, it makes me feel better that I know what's going on, also means if I feel my solicitor is dragging his feet to the point I need to say something to him.

You say it appears to create a 50/50 tenants in common. So you think the part which mention "Joint Benerficial Tennants" is irrelevant?

getmore4less

Normally when you own a property as joint tenants there is no need for any restriction as all parties are named as legal owners and need to agree a sale.

The key to progressing this is what does Mr Blogs think?

If there is agreement it should be straight forward.

Has the mortgage been cleared yet?

ceaserandnewton

Hi,

Mr Bloggs isn't aware we know yet.

2 days after my mother passed, he attempted to apply for probate using a will in which he was the sole benerficary.... even though my mother had two sons....

Anyway, his will has been disproved in the high court and my Father and I have been awarded Grant of Probate.

There is no agreement and I assume there is still a mortgage outstanding.

I think I will need to speak to solicitor, he seems to think there may be a case but wouldn't really go into detail.

I think it is so to assume Mr bloggs won't be to happy if we attempt to obtain the 50% share due to my late mothers estate.