Inherited property - Still in probate??

unseen

Hopefully I'm posting in the right place.. And please bear with me as this might be a bit long winded to explain where everything is..

My grand dad passed away in 1992 (I think if important will confirm) leaving a house and some money. He had two children, my dad and my aunt. As there was no will and my aunt doesn't live in the UK it was agreed my dad would act as executor. They had the house valued at the time and as we learnt later a "gentlemans" agreement (not in writing and only discovered later) between my dad and my aunt saw him purchase her half of the house by way of using some of his retirement golden payoff.

The house stood on land which belonged to the Duke of Bridgewater estate which at some point between '92 and 2000 my dad "bought" rather than keep making the annual payment of £1.34 !

In 2000 I got married and my dad offered to let me move in to the property in return for sweat equity etc to make it livable again.

In 2006 unfortunately my dad passed away from cancer which was quite sudden. From his diagnosis to passing it was only 6 months so while he tried to get all his affairs in order he just ran out of time. During this time he apologised for not sorting the house out but had said he wanted me to have it to keep it in the family (again all just word of mouth). When we were helping my mum do the probate paperwork we put this property on there as it hadn't been signed over so our belief was it needed to be counted as his.

In 2008 I received an updated copy of the deeds still in my grand dads name as it looks like Abbey National who were holding it in "deedsafe" decided to hand it back.

So now we're at 2018 I've lived in the property since 2000 and we would like to do work on the house further but feel we can't until we get the paperwork correct. I know we should have done this much much sooner but dealing with my mum who as soon as you mention things like this just buries her head and changes the subject which I can understand as my dad dealt with everything just frustrating.

I've done a little googling and it suggests that the executor passes over at death to their executor which would suggest that my mum would be able to just sign the house over as executor of my dads estate but I don't know if my aunt screws that thinking up assuming that is the right thinking?

Hopefully it all makes a little sense if not please ask and I will try to fill in any gaps.

I guess the simple question I'm asking is, who currently owns the house and what would be the next step to getting it put in to my name ?

Thanks

Brynsam

This is quite a mess. Next step is for you to see a solicitor. You can't rely on advice on this forum when it is based on incomplete information - sight of any documents, in full, is essential (and in some cases 'advice' here is based on googling, guesswork, limited personal experience and dogmatic assertion rather than professional knowledge! Hence the need for properly informed advice).

Good luck - but do get on with it.

Dox

Your dad does seem to have been astonishingly casual about it all. 'Gentlement's agreements' and 'just signing the house over' - phrases which give the clearest possible indication that you need professional help, with all available paperwork readily to hand.

Put together a chronology, giving as many dates/details as you can to help your lawyer through what is likely to be quite an interesting journey.

unseen

Dox wrote: »

Your dad does seem to have been astonishingly casual about it all. 'Gentlement's agreements' and 'just signing the house over' - phrases which give the clearest possible indication that you need professional help, with all available paperwork readily to hand.

Put together a chronology, giving as many dates/details as you can to help your lawyer through what is likely to be quite an interesting journey.

I think he had every intention of "sorting" it all out properly but unfortunately time ran out for him to do so.

Brynsam : Damn... I think if I'm honest I expected the see a solicitor advice. I guess I was just crossing everything that there would be a simpler/cheaper option. Do I need to seek out a specialty one or should any be able to advise?


Jokingly we even considered going down squatters rights or some other hair brained idea but I think that was just me and my partner trying to make light of this mess.

Brynsam

unseen wrote: »

I think he had every intention of "sorting" it all out properly but unfortunately time ran out for him to do so.

Brynsam : Damn... I think if I'm honest I expected the see a solicitor advice. I guess I was just crossing everything that there would be a simpler/cheaper option. Do I need to seek out a specialty one or should any be able to advise?


Jokingly we even considered going down squatters rights or some other hair brained idea but I think that was just me and my partner trying to make light of this mess.

A mess is only a mess; it can be sorted out, so don't despair. A competent solicitor with a good grasp of conveyancing and probate, given helpful instructions from you (i.e. as much info as you can provide, presented as clearly and succinctly as possible), should be up to the task - and those are two of the main areas most high street solicitors operate in, so I'd start there. If you can get a personal recommendation that's always a great place to begin.

Savvy_Sue

Not that it will change the advice to see a solicitor, but ...

Did your dad manage to leave a will, and what did that say about the house?

Is your aunt still alive? Would she confirm that your dad bought her out? Or is that a route you'd rather avoid - eg if she has died and any children might get excited about the possibility of benefitting from your grandfather's house.

unseen

Savvy_Sue wrote: »

Not that it will change the advice to see a solicitor, but ...

Did your dad manage to leave a will, and what did that say about the house?

Is your aunt still alive? Would she confirm that your dad bought her out? Or is that a route you'd rather avoid - eg if she has died and any children might get excited about the possibility of benefitting from your grandfather's house.

No unfortunately he didn't get chance to right a will, so everything just passed over to my mum, which as you can imagine we assumed included this property with him being the administrator/executor of his dads estate.

As for the aunt, she has apparently offered my mum to sign over the property (not sure how) but as she's resident in France the issue would be whether she can sign and send paperwork back or would she need to sign here infront of witnesses which might take some arranging.

From my point of view it's just very frustrating as we've put a fair amount of effort/money in so far and want to do more but now we're at the point where the next jobs are that big I need to get a loan/mortgage so we're in limbo until we get it sorted.

unseen

I'll start getting details and dates together then give google a nudge to recommend a solicitor. I know we have the original grant of probate paperwork/death certs for both my grand dad and dad just need to coax my mum in to helping me put my hand on them.

Thanks for the reply's so far!

Tom99

[FONT=Verdana, sans-serif]Since your father did not leave a will naming executors I don't think anyone can automatically take over the executor-ship of your grand father.[/FONT]
[FONT=Verdana, sans-serif]It looks like the Non-Contentious Probate Rules 1987 must be followed which probably means your aunt is the one able to apply.[/FONT]
[FONT=Verdana, sans-serif]Given her location and lack of interest in the estate there is probably a way forward for her to give up her right in favour of you or your mother.[/FONT]
[FONT=Verdana, sans-serif]https://www.co-oplegalservices.co.uk/media-centre/articles-jan-apr-2017/how-does-probate-work-if-the-executor-has-died/[/FONT]

Brynsam

unseen wrote: »

I'll start getting details and dates together then give google a nudge to recommend a solicitor. I know we have the original grant of probate paperwork/death certs for both my grand dad and dad just need to coax my mum in to helping me put my hand on them.

Thanks for the reply's so far!

Well done! If the coaxing doesn't bear fruit, have a look at https://www.gov.uk/wills-probate-inheritance/searching-for-probate-records and you can buy copies for £10 a go (might be quicker and more peaceful to do that).

You're effectively doing a jigsaw puzzle with pieces missing, so don't fret too much if you can't find pieces of information. Do your best and accept that some things just aren't going to be available/evidenced in writing. Matters can still be sorted out although, in true jigsaw fashion, it might be a while before the whole picture becomes obvious (let your solicitor worry about that one).