Probate and change of deeds

emje27

Hello
I am after some advice please.

I am an executer to a will with my brother. Our mother died and left the house to myself, brother and 2 sisters in her will.The house has gone through probate. My brother lives in the house. I have just found out that he has removed her name from the deeds and just has his name on there. He has done this without any permisson or disclosing this. Does this mean he can get a secured loan against the house and is what he has done legal?

Yorkshireman99

emje27 wrote: »

Hello
I am after some advice please.

I am an executer to a will with my brother. Our mother died and left the house to myself, brother and 2 sisters in her will.The house has gone through probate. My brother lives in the house. I have just found out that he has removed her name from the deeds and just has his name on there. He has done this without any permisson or disclosing this. Does this mean he can get a secured loan against the house and is what he has done legal?

Who is the executor? It is difficult to see how this was done lawfully.

Flugelhorn

were your mother and brother joint owners before her death? Can't see how else he could do this

Keep_pedalling

Sounds like he is trying to prevent the house being sold, so his siblings can receive their inheritance.

Unless he pulled a fast one before your mother died the house belongs to the estate and as executor you are the only one authorised to transfer ownership or sell it.

I predict a big bust up and expensive legal fees are on there way.

emje27

The executors are myself and my brother. He had lived in the house with my mother and she had added him to the deeds.

emje27

Thanks all. We wede hoping to just split it as she had requested but he has been dragging his heels amd now after finding out it's now only in his name, we are concerned he could borrow against it.

Yorkshireman99

emje27 wrote: »

Thanks all. We wede hoping to just split it as she had requested but he has been dragging his heels amd now after finding out it's now only in his name, we are concerned he could borrow against it.

AFAIK he can have only have done this fraudulently. You need to conculst a solicitor to sort it out. He will be liable for the costs.

Mojisola

emje27 wrote: »

The executors are myself and my brother. He had lived in the house with my mother and she had added him to the deeds.

If they owned the house as 'joint tenants' then the house is now his.

Keep_pedalling

emje27 wrote: »

The executors are myself and my brother. He had lived in the house with my mother and she had added him to the deeds.

If she added him as a joint tennant he now owns the house outright. Quite why she would do this without changing her will to reflect that is odd. It’s even odder that he let you go through the probate proccess knowing he already owned the property.

Tom99

Yorkshireman99 wrote: »

AFAIK he can have only have done this fraudulently. You need to consult a solicitor to sort it out. He will be liable for the costs.

No he is the surviving joint owner so can do this.
If house was owned as joint tenants then the whole house will pass to him via survivorship.
If it was held as tenants in common there should still be a restriction on the title preventing him selling or charging the property without a 2nd person being party, as he now owns the property on trust for himself and the other beneficiaries.

[FONT=Verdana, sans-serif]Check if the following Restriction is listed under Part B Proprietorship Register:[/FONT]
[FONT=Verdana, sans-serif]'RESTRICTION: No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court.'[/FONT]

Yorkshireman99

Tom99 wrote: »

No he is the surviving joint owner so can do this.
If house was owned as joint tenants then the whole house will pass to him via survivorship.
If it was held as tenants in common there should still be a restriction on the title preventing him selling or charging the property without a 2nd person being party, as he now owns the property on trust for himself and the other beneficiaries.

[FONT=Verdana, sans-serif]Check if the following Restriction is listed under Part B Proprietorship Register:[/FONT]
[FONT=Verdana, sans-serif]'RESTRICTION: No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court.'[/FONT]

We don’t know if he was the joint owner. Crucial to check the LR entry.