House not transferred as stated in will

cassonsue

Hi, I wonder if you can help me, please?
My partner's mother died last year and left her half share of the family home to him (her son). He and his father were executors of the will, and it was put in trust in case the home has to be sold later to pay for his Dad's residential care. My partner's father took his wife's name off the house ownership and is now the sole owner, but nothing was done about adding my partner's name. They were advised by April King, but I wasn't present and didn't know the family very well at that time. My partner has Asperger's and was uanble to cope with any of the duties of an executor. His father is in his late seventies. Do you know if we need to do anything about putting my partner's name on the house deeds as a joint owner? A solicitor visited my partner's father at home shortly after his wife's death, but he can't remember who it was or what they said.

Flugelhorn

have you checked the details of what it actually now says on the land registry?

TBagpuss

You (or your partner) should check the office copy entires to see what is shown, and then if your partner is not shown as a joint owner he should speak to his dad about his name being added.

It may be possible for him to register a notice against the proprty to protect his interest but he'd ned to get advice first.

Have you sen the will?

Tom99

Transferring the legal title to the now sole legal owner would be normal but there should be a restriction listed under the proprietorship register:

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.

Or something similar.

This indicated to the Land Reg that there are other beneficial owners so the father cannot sell the property on his own.
It's possible the will itself has created the trust or there may be a separate trust document.