Land Registry questions

clairesmitht

Hi

Can someone help?

My father left a house to his children in his will, however the house was jointly owned to my father and mother ( not together ) .. does the will override the land registry and joint ownership?

da_rule

clairesmitht wrote: »

Hi

Can someone help?

My father left a house to his children in his will, however the house was jointly owned to my father and mother ( not together ) .. does the will override the land registry and joint ownership?

It depends how they owned it. If they were tenants in common then the ownership passes as per the will. If they were joint tenants then the will doesn't apply.

AnotherJoe

clairesmitht wrote: »

My father left a house to his children in his will, however the house was jointly owned to my father and mother ( not together ) .. does the will override the land registry and joint ownership?

No otherwise you could leave Buckingham Palace to your children and the Queen would be out on her ear.
If they were tenants in common then the children will get his 50% (unles sthey held it in different proportions), if they were joint tenants then it passes to wife outside the will.

clairesmitht

Hi,

Does a will override a joint ownership?

My mum & dad own a house ( separated) my mum was living in the house and my dad has passed away. The house was left to the children however mum believes it is hers from
Joint ownership

Can someone help?

getmore4less

clairesmitht wrote: »

Hi,

Does a will override a joint ownership?

My mum & dad own a house ( separated) my mum was living in the house and my dad has passed away. The house was left to the children however mum believes it is hers from
Joint ownership

Can someone help?

JOint ownership can be severed without updating the Land registry.

eg if there were mirror will that both left the shares to the children that would be reasonable indicator that there was intent to sever the tenancy.

A will can't override the joint tenancy on its own by just saying there is a legacy of something that is not part of the distributable estate.

da_rule

clairesmitht wrote: »

Hi,

Does a will override a joint ownership?

My mum & dad own a house ( separated) my mum was living in the house and my dad has passed away. The house was left to the children however mum believes it is hers from
Joint ownership

Can someone help?

As per the above two answers to the same question it boils down to what type of joint ownership they had. Joint tenants or tenants in common.

AnotherJoe

getmore4less wrote: »

JOint ownership can be severed without updating the Land registry.

eg if there were mirror will that both left the shares to the children that would be reasonable indicator that there was intent to sever the tenancy.

A will can't override the joint tenancy on its own by just saying there is a legacy of something that is not part of the distributable estate.

If it said "my share of the house" yes. If it just said "the house" then no. IMHO of course.

tracey29

Thank you for all of your help - I really appreciate all of your help.

laskoibence

Hello everyone,

We are buying a house, currently we are at the last stages, but I have received a mail last week, that there is a restriction in the land registry, which has to be removed before we can exchange.

How much time does it take usually? And how can I check if the solicitor is working on it already?

Thanks in advance :beer:

G_M

laskoibence wrote: »

Hello everyone,

We are buying a house, currently we are at the last stages, but I have received a mail last week, that there is a restriction in the land registry, which has to be removed before we can exchange.

How much time does it take usually? And how can I check if the solicitor is working on it already?

Thanks in advance :beer:

Duplicate thread.


https://forums.moneysavingexpert.com/showthread.php?t=5889917