House gifted but death within seven years

xylophone

You have checked the entry  for the property at the Land Registry? What does it say?

johnbfan

xylophone said:

You have checked the entry  for the property at the Land Registry? What does it say?

Been through the papers Dad kept again.  Looks like he and Mum owned the house as Tenants in Common and when she died in 2010 he got Grant of Probate but never contacted Land Registry to change the details to just his name. Theres a LR document for 2005, and the one which set up the Trust that is causing this, but nothing for 2010 when she died.  This is probably where the missing 50% is. 

xylophone

Looks like he and Mum owned the house as Tenants in Common 

Did your mother leave her share of the property to you and your brother?

johnbfan

xylophone said:

Looks like he and Mum owned the house as Tenants in Common 

Did your mother leave her share of the property to you and your brother?

Think it was to all three of us.  Me, brother and Dad.  The a copy of the will is in the papers I took to the solicitors.

xylophone

Think it was to all three of us.  Me, brother and Dad.  The a copy of the will is in the papers I took to the solicitors.

Do you mean that your mother left her 50% interest to you and your brother with a life interest to your father?

Check her will.

johnbfan

xylophone said:

Think it was to all three of us.  Me, brother and Dad.  The a copy of the will is in the papers I took to the solicitors.

Do you mean that your mother left her 50% interest to you and your brother with a life interest to your father?

Check her will.

Have phoned the company mum and dad used to see if they have any more papers for mum, but they were tenants in common.  her Will gives everything to her trustees upon Trust, consent to Dad to sell and hold proceeds in trust for me and my brother equally.  Dad may have just left everything at getting the probate on mums death in 2010. Didn't notify Land Registry.   

xylophone

The your father held your mother's share of the property on trust for you and your brother?
It does not appear that he had a life interest in your mother's share?
It appears that he then gifted his share of the property into Trust with you as Trustees several years before he died.
Therefore your father did not own the property when he died and could not leave it in his will.

Presumably all documentary evidence of the above is now with the solicitor who is dealing with probate for your father's estate?

johnbfan

xylophone said:

The your father held your mother's share of the property on trust for you and your brother?
It does not appear that he had a life interest in your mother's share?
It appears that he then gifted his share of the property into Trust with you as Trustees several years before he died.
Therefore your father did not own the property when he died and could not leave it in his will.

Presumably all documentary evidence of the above is now with the solicitor who is dealing with probate for your father's estate?

All handed over.  She will go through it all and we will then go see her. Doesn't help that my brother doesn't trust the solicitors, doesn't believe them. He wants to see others.  Find out if they all say the same and then which one is cheapest, or just leave it until we sell which isn't going to be for a few years. I've gone by recommendation locally by good service and value for money.

newatc

johnbfan said:

xylophone said:

The your father held your mother's share of the property on trust for you and your brother?
It does not appear that he had a life interest in your mother's share?
It appears that he then gifted his share of the property into Trust with you as Trustees several years before he died.
Therefore your father did not own the property when he died and could not leave it in his will.

Presumably all documentary evidence of the above is now with the solicitor who is dealing with probate for your father's estate?

All handed over.  She will go through it all and we will then go see her. Doesn't help that my brother doesn't trust the solicitors, doesn't believe them. He wants to see others.  Find out if they all say the same and then which one is cheapest, or just leave it until we sell which isn't going to be for a few years. I've gone by recommendation locally by good service and value for money.

Don't see the point of increasing costs by seeing other solicitors unless there is clear evidence of your current Solicitor doing a poor job or inflating prices (unfortunately solicitors are not cheap!).