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Usinnit_2

My mother in law passed away 15 years ago. He long term partner continued to live in the property. Her life insurance paid of part of the mortgage. Recently he has passed and he had a will which left the property to his daughter. It turns out he'd changed the name on the title deeds to a sole propriater. But there's a clause of no disposition by sole propriater of land. Does this mean he didn't have the right to leave this to his daughter?

Keep_pedalling

That would suggest the property was owned as tenants in common, so unless she left him her share in the will he does not own it outright.

Did she have a will?

Usinnit_2

No unfortunately she didn't have time to leave a will. Things happen suddenly.

McKneff

If no will, the partner is out. Inheritor is her next of kin, your wife....

Ms_Chocaholic

Was the property jointly owned? If so, how the property was held? If joint tenants then ownership automatically passes to the other joint owner; if tenants in common then the hereditary rules would have applied to MIL's share.

Usinnit_2

Sorry I'm unsure of there mortgage details. I know she wanted a will written up but was too unfit to get to a solicitors and before they could get to her it was too late. After reading a few website it looks like tenants in common. But I was unsure whether he had the right to write up a will and do such a thing after 15 years of telling all the kids they had a right to a share. They were all young when everything happened the oldest was 22 and didn't understand all this legal stuff and trusted his word.

Ms_Chocaholic

Usinnit wrote: »

. But there's a clause of no disposition by sole propriater of land.

How did you find out about this?

Usinnit_2

Was invited to the funeral and his sister advised us of what was happening. She had been asked by them what was happening and she admitted the will stayed the house was left to her. Which didn't go down well as all the family member had been told also by him that all the kids would get a share. Apparently the will was only written up a few weeks before he passed and have been told he was high dosage of morphine.

Tom99

[FONT=Verdana, sans-serif]Download the property title. That will tell you whether it is registered in joint names still, or in the partners sole name, also whether there is still a restriction re disposition by a sole proprietor.[/FONT]
[FONT=Verdana, sans-serif]That will also tell you the date it was transferred to the partner if they are now the sole owner.[/FONT]
[FONT=Verdana, sans-serif]Then message the Land Reg, and explain the situation as you understand it, they may/may not be able to help.[/FONT]

Usinnit_2

I've already downloaded it. Which is why I know the clause is on there. Just wasn't sure of the understanding of it and after reading several website and some great people on here it seems what I thought is right. He didn't have the right to so this and I'm unsure whether his mind was in the right place. His daughter is known to be greedy and I'm unsure whether she convinced him to do this when he wasn't really at sound mind. Anyway looks like a court matter she s going to get a shock as this will not be dropped.

nom_de_plume

I would also obtain a historical property title to show how the property was owned at the time of your MIL's death - https://www.gov.uk/get-information-about-property-and-land/search-the-register

You may also want to consider lodging a caveat - https://www.gov.uk/wills-probate-inheritance/stopping-a-grant-of-representation