House has been transferred between generations 'informally' - next steps?

davidmcn

Yes, solicitor who isn't afraid of dealing with possibly awkward probate as well as the conveyancing.

30ismorethan171991haha

I haven't read the thread and this may have been said before. But if there is no will, then the intesacy rules state that a house passes down to the nearest relatives.

Skiddaw1

My guess is that when the mum died no-one in the immediate family bothered to sort out probate (and just left everything to roll on as it was). It's not that uncommon.


I agree- this is a case where proper legal advice is likely to be essential if this is ever to be resolved.

AdrianC

diego_94 wrote: »

There must be something in the land registry records

Not if it's never been registered.

someone must own the land.

Yes, but how to prove it?

If the deeds can be found, then it's a case of possession being 9/10ths.

If there's no paperwork, then it's going to be a case of gathering whatever evidence can be put together, and convincing LR that you're not just a chancer. Probate and wills will be part of that, but not all of it by a long chalk.

https://www.gov.uk/government/publications/first-registration-of-title-where-deeds-have-been-lost-or-destroyed/practice-guide-2-first-registration-of-title-if-deeds-are-lost-or-destroyed

Bossypants

Thanks all, I think I will have to pass them to a solicitor, this sounds like it could get very complicated.

G_M

Questions to be answered:

* Did the grandmother and/or other relevant relatives leave wills?
If so, who were the Executers and Beneficiaries?
If not, who would inherit (on each death) under the rules of intestacy?
* was Inheritance Tax due (with each relevant death)?
If so, was it paid?
Was the value of the property at the date of death taken into account in assessing IHT due?
* are the paper deeds for the property available? What is the latest Conveyance recorded? (names and date)?

But I agree with others, specialist legal advice needed.

00ec25

you say the grandmother owned the house outright, do you know that for a fact?

I note no reference made to grandfather, some 40 years ago it would have been less common for ownership to be joint and more likely grandfather would be the owner meaning the start point may need to deal with inheritance from grandfather to grandmother before them looking at intestacy from her to her descendants

obviously it needs sorting out, and is one for a professional solicitor, but I'll bet the legal bill will be sizeable

steampowered

The law is 100% clear that you cannot transfer property informally. You can only transfer land by a legal deed.

The Law of Property Act 1925, s52, states that "(1)All conveyances of land or of any interest therein are void for the purpose of conveying or creating a legal estate unless made by deed.".

On that basis, it is probably the case that the house was owned by the late mother's estate. I'm not sure whether that means executors should be appointed for her estate now to transfer the property to the appropriate beneficiaries.

Practically speaking, the house will need to be registered at the land registry in order for it to be sold. Applications for first registration do take the land registry some time and do require legal work, especially if you don't have all of the historic documents - you want to get that done before finding a buyer.

The next port of call will be a property solicitor to unravel the situation and get the property registered with the land registry.

getmore4less

The chances of executors if there were any still being alive is remote.

paddyz

I would have been thought the social word would have already questioned this when they did a financial assessment for care for both the sons

Do the relatives have power of attorney or guardianship ?

It sounds like a really difficult case and one that will take years to sort out if it ever does that is, also It would be interesting in how the council can put a charge on the property for a the care costs of both men when ownership isn’t in either of the men’s names

For the relatives I’d guess they will need to wait till both sons are dead to put in a claim to the property, can’t see them getting it before

Loads of property’s sitting empty due to similar reasons

End of the day all that matters is these vulnerable men are getting the care they need