Probate on "Father's" house

stevenklippel

onwards&upwards said:

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!

It wasn't made clear to him at all that he had no rights to the house, he wouldn't have spent nearly 20 years paying a mortgage if that was the case! As I explained a Will wasn't able to be made/amended due my Nan's dementia, and although as I've pretty much ascertained now, in a legal sense he didn't have rights to the property, in a moral sense I Believe he has every right to the property, he paid for it, my Nan even referred to it as "my John's house" and my uncle who lived with my Dad had always said "as far as I'm concerned the house is yours John"
Forgive me for not seeing a 6.6% share as a bonus when my siblings and I were led to believe we were entitled to a 33% share

unforeseen

The questions not yet answered are who is administering the Nan's Estate and who put it up for sale. 
Another question, maybe, is whether the person who has put it up for sale had the right to do so. If it is SSTC then these questions need to be answered urgently. 

onwards&upwards

stevenklippel said:

onwards&upwards said:

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!

It wasn't made clear to him at all that he had no rights to the house, he wouldn't have spent nearly 20 years paying a mortgage if that was the case! As I explained a Will wasn't able to be made/amended due my Nan's dementia, and although as I've pretty much ascertained now, in a legal sense he didn't have rights to the property, in a moral sense I Believe he has every right to the property, he paid for it, my Nan even referred to it as "my John's house" and my uncle who lived with my Dad had always said "as far as I'm concerned the house is yours John"
Forgive me for not seeing a 6.6% share as a bonus when my siblings and I were led to believe we were entitled to a 33% share

But it was clear.  You said it yourself.  Your dad wasn't entitled to buy the house that's why he enabled your nan to buy it. 

Your dad gave your nan a very generous gift, and the executor has a legal duty to carry out what is in the will. 

xylophone

If there was a will, then the executor will need to act in accordance with the terms of that will, although it could be varied (as indeed could the provisions of intestacy) provided that all affected beneficiaries agreed.

If there is no will, then the rules of intestacy apply.
You can check for probate/letters of administration.
https://www.gov.uk/search-will-probate

Is there any reason why you should not  make enquiries of the uncle who (presumably) still occupies the house?

Robert_McGeddon

getmore4less said:

The land registry only hold the legal ownership,
Could you create proof that your father was the beneficial owner?

Did your Dad pay a deposit? This plus many years' mortgage payments could add up to a tidy sum. Did your Nan make any financial contributions at all?

stevenklippel said:

Flugelhorn said:

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

Was the house purchased for full market value? If it was discounted because your Nan was a council tenant then there may be a case for arguing that the beneficial ownership is shared, Nan in respect of the capital discount (if there was one) and Dad in respect of any deposit for the mortgage and all subsequent payments. It appears Dad didn't live there for most of the time he made mortgage payments, so it would be difficult to argue he paid the mortgage in lieu of paying rent. You may be struggling to prove Nan's intent to leave him the house but it is equally difficult for anyone to prove he gifted large sums of money to your Nan for no apparent reason, particularly as he had dependants of his own. There may be a case for claiming a share of the equity in the house.

Alternatively, the monies your Dad paid could be regarded as a loan.

Can you do anything practical about the situation? Perhaps see a solicitor. The first half-hour introductory chat is uually not charged for.

RAS

Has probate been granted?