Is this fraud.

Mojisola

Hotpoint23 wrote: »

It was definitely as tenants in common. The will was drawn up by a solicitor, so you would have thought that it would have been done correctly.

Not necessarily. If they told the solicitor that they owned the house as tenants in common, he/she wouldn't do a separate check.

They may not even have realised the difference between being joint tenants and tenants in common - many people don't. It's a common misunderstanding that you each own half the house as joint tenants whereas you both own all the house - that ownership over-rides anything written in a will.

Hotpoint23

Perfect, we’ll have to see what the solicitors say today. I am pretty sure that they knew the difference in the types of ownership though, as there were a lot of money and debt issues several years ago and he bailed her out (again), and the property ownership was looked at then. Thank you for your help with this, it has given me a greater understanding of the situation.

Hotpoint23

Just to add a twist, I’ve just received the grant of probate and she declared that their father died intestate and is again denying she did this.

xylophone

Just to add a twist, I’ve just received the grant of probate and she declared that their father died intestate and is again denying she did this.

Do you mean that you have a Letter of Administration?

xylophone

we’ll have to see what the solicitors say today.

What did the solicitor have to say?

Land_Registry

Hotpoint23 wrote: »

Just to add a twist, I’ve just received the grant of probate and she declared that their father died intestate and is again denying she did this.

As xylophone posts if there was no recorded will then you apply for Letters of Administration. Probate is issued where there is a recorded will.

However that may be a mute point re the property as I believe you stated that the property was jointly owned. If so then the legal ownership passed to her on his death so probate/letters of administration would not have been required to deal with the property.

It will have been his beneficial ownership that formed part of his estate.

But as posted it would be good to read what the legal advice has been here

Hotpoint23

There was a recorded will, but probate states he died intestate. She told my brother in law that was because she lost the will! I’m guessing that she had to get letters of administration as that’s what I did when my mum died, but she genuinely didn’t leave a will. Surely there is some law about lying to get probate?
Her solicitors are allegedly writing to the family’s, but I don’t know what their position will be. Watch this space.

xylophone

probate states

I’ve just received the grant of probate

No will, no probate - is there a Letter of Administration?