Assent of property lost.

scmp

Currently going through probate as a beneficiary.

The house is being sold and the solicitor has sent an e mail to say that there is a problem with who owns the house.

The house was my grandmother's and my (now deceased) uncle went through her probate with a solicitor. He had to sign a letter of assent in 1996. This was sent to the solicitors and kept with the deeds of the house.

Roll on to 2018 and my elderly uncle sadly passed away. It was implied that he kept a will with the same family solicitors but apparently not. It is being dealt with interstate and the house is currently under offer. The solicitors said they have no deeds to the house and no will for him.

Now the solicitors have sent me an e mail to say that the ownership of the house is under question as when my grandmother died my uncle apparently did not transfer the house into his name.

The ownership of the house will drastically change the share of the sale of the house.

I am not very legally minded but I thought a letter of assent akin to transferring it into his name?

If it does mean the house was in his name then have the solicitors lost the deeds and the assent?

Keep_pedalling

Who did your GM leave it to in her will?

scmp

She left it to her son and daughter. Her daughter passed in 1993, 3 years before she died in 1996.
In 1996 the residue of her part of the house was shared out at the time.

Keep_pedalling

scmp wrote: »

She left it to her son and daughter. Her daughter passed in 1993, 3 years before she died in 1996.
In 1996 the residue of her part of the house was shared out at the time.

In that case the property is owned jointly by her son (your uncle?) and the children of her daughter (you + siblings?) unless the will had a clause in it saying in the event of either child pre deceasing her it would all go to the survivor.

scmp

My GM had 4 children.
1 son estranged no children. Alive
1 son my father 2 children. Deceased
1 daughter no children. Deceased
1 son no children. In probate

The solicitor has said that after the daughter died that my uncle did not transfer the house to his name. My siblings and I know he was sent a letter of assent in 1996 which he signed and returned to the solicitors. We have letter off the solicitor saying they received it but we do not have a copy.

As it stood my living uncle Recieved 50% and the other 50% is divided between my sister's and I.
Now the question of ownership has appeared today (to late to phone them) it would now include another person who originally in 1996 benefited our aunts share.

If the house had actually been transferred into my recently deceased uncles name then this person would have no claim.

Tom99

scmp wrote: »

My GM had 4 children.
1 son estranged no children. Alive
1 son my father 2 children. Deceased
1 daughter no children. Deceased
1 son no children. In probate (uncle?)

Is the above right? If as you say grandmother left house to son (your uncle?) and daughter, where did you and you sisters 25% share each come from?

scmp wrote: »

The solicitor has said that after the daughter died (Do you mean after grandmother died?) that my uncle did not transfer the house to his name. My siblings and I know he was sent a letter of assent in 1996 which he signed and returned to the solicitors. We have letter off the solicitor saying they received it but we do not have a copy.

As it stood my living uncle Received 50% and the other 50% is divided between my sister's and I.
Now the question of ownership has appeared today (to late to phone them) it would now include another person who originally in 1996 benefited our aunts share.

If the house had actually been transferred into my recently deceased uncles name then this person would have no claim.

Is the title registered? If so to who? Where you and your sister under 18 in 1996? If not why was the house not assented to all 3 of you? Has you uncle lived in the house since grandmother died?

Even if the house has not yet been assented according to your grandmother's will (did she leave a will?) why does that cause another party to have a claim? Who is this party, the estranged son?

Who will be uncle's beneficiaries?

scmp

My uncle lived in the house all this life.
His remaining family of his brother (my other uncle) and us girls. He gets 50 % and we share the other 50% as this is what my deceased father would have recieved.

I didnt really want to say who the other party is as it is a bit sensitive. The other party is our stepmother who abandoned us when my father died, we are not sure where she is, she remarried and has substance issues. In 1996 My father recieved his share of my aunts share of the house (residue?) and was still married to our step mum when he died (with no will).

My grandmother left the house to 1 son and daughter in her will but the daughter died before the grandmother. This meant my uncle had to sign a letter of assent in 1996 that the solicitors sent him naming him as the sole owner before the estate could be finalised.

The solicitors for my uncle's death last year (with no will) have said that there are no deeds and no letter of assent so it reverts back to my grabdmothers will in 1996. This means that now my living uncle still receives 50%, My step mother 16% and us girls 11% rather than the initial 3 way split of 50%.

I am now waiting for the solicitor to ring us back.

I thought the assent kept with the deeds meant that the house was 100% owned my uncle. If this assent kept with the deeds is missing then it reverts back to my grandmother's will in 1996.
The solicitors dealing with probate now are the same ones who dealt with my grandmothers estate.

Tom99

scmp wrote: »

I thought the assent kept with the deeds meant that the house was 100% owned my uncle. If this assent kept with the deeds is missing then it reverts back to my grandmother's will in 1996.

If the assent to your uncle was purely to carry out grandmother's will, its not clear why the inheritance of the house would follow a different path just because the assent cannot be found. If you die (uncle) after you have inherited something you don't lose that inheritance just because the asset is still held by the estate of the person (grandmother) you inherited it from.