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Probate on "Father's" house

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Am asking for some advice although I fear I already know what the answer will be. Back in the year 2000, the council tried to move my Nan out of her 3 bed council house into a smaller property, my Dad decided to buy the house from the council, but as he hadn't been living there for the last 12 months (he worked abroad for most of his life), the house had to go in my Nan's name even though he was the one paying the mortgage (I have evidence to back this up), fast forward to around 2016, my Dad had retired and was living in the house with my Nan and his Brother, the mortgage was all paid off but due to my Nan's dementia the house wasn't able to be transferred into my Father's name, although he'd always told us that as far as he was aware there was a Will that would leave the house to him when my Nan was deceased. Unfortunately in March 2018 my father was diagnosed with Mesothelioma, and passed away in August 2019. My Siblings and I were under the impression that once our Nan passed, which sadly happened at the end of March this year, that the house our Dad paid for would pass down to us, unfortunately though it appears that our Nan hadn't left a will after all, we have no idea if we now have any rights to the house at all, my Father's siblings haven't told us anything, I walked past the house this morning and have seen a Sold STC sign, and looked online to see that the house has been sold for £220,000, would it have been able to have been sold in the space of 4 months if there wasn't a Will? Is it worth pursuing a claim on the property at all?
Any advice would be greatly appreciated thanks
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  • edited 26 July at 4:09PM
    GrumpelstiltskinGrumpelstiltskin Forumite
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    edited 26 July at 4:09PM
    OK So have you checked the Land Registry website to see who the house was registered to?
    If it was just in your Nan's name and she didn't leave a will then you should be entitled to your father's share as he predeceased her. In view of Covid it does seem a bit quick for probate to have been granted and the house sold.
    If you go down to the woods today you better not go alone.
  • FlugelhornFlugelhorn Forumite
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    you definitely do need to check who owns the house currently - this will cost £3. 
    Sometimes people will put houses on the market while waiting for probate, though this does tend to delay the sale process.
    Grumpelstiltskin is right, if there is no will and the house has not been transferred to anyone else (and gran had dementia then it shouldn't have been) then each of your  gran's children will get a share, you would share your father's share.
  • parcivalparcival Forumite
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    Probate can go through quite quickly if everything is straightforward and the there is a will.
    The house could be sold STC even if no probate yet although the sale could not be completed.
  • xylophonexylophone Forumite
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    https://www.gov.uk/inherits-someone-dies-without-will
    If there is no living spouse, 

    The estate is shared equally between the children or their descendants.

    If a son or daughter has already died, their children (the grandchildren of the deceased) inherit in their place.

  • getmore4lessgetmore4less Forumite
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    The land registry only hold the legal ownership,

    Could you create proof that your father was the beneficial owner?

    Won't that cause problems going back to the purchase as he was not allowed to buy the place and be a beneficial owner(from what you said).


  • badger09badger09 Forumite
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    How was your father able to obtain a mortgage on a property over which he had no legal rights?
  • onwards&upwardsonwards&upwards Forumite
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    Just ti point out that the house was never your dad's, and it would have been clear to him throughout the process that he had absolutely no rights to it.  

    If your nan had needed to pay for care, the house would have had to be sold to fund that.  

    Anything you do inherit is just a bonus, as is always the case with any inheritance!
  • FlugelhornFlugelhorn Forumite
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    badger09 said:
    How was your father able to obtain a mortgage on a property over which he had no legal rights?
    suspect Nan took out the mortgage and Dad gave her the money for it. would be fine if there was some written agreement / valid will
  • stevenklippelstevenklippel Forumite
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    OK So have you checked the Land Registry website to see who the house was registered to?
    If it was just in your Nan's name and she didn't leave a will then you should be entitled to your father's share as he predeceased her. In view of Covid it does seem a bit quick for probate to have been granted and the house sold.
    I have already checked the land registry and the house was registered to my Nan, I am wondering if maybe the house has been sold "STC" and the sale won't go through until Probate has been granted
  • stevenklippelstevenklippel Forumite
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    First Post
    badger09 said:
    How was your father able to obtain a mortgage on a property over which he had no legal rights?
    suspect Nan took out the mortgage and Dad gave her the money for it. would be fine if there was some written agreement / valid will
    Yes you are correct, the mortgage was in my Nan's name, although the mortgage company were fully aware that she wouldn't be making any payments and that they would come from my Dad
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