Tenant in common, owner died and name has been removed from registrar, should I be worried?

Sanyi1988

Hello all

I am unsure if I can post this here or if there is another sub more suitable.

Situation: property owned in England by my father and my uncle (tenant in common) sadly my father passed away and we did a lot of paper work with registering death and getting a probate granting me executor title.

Recently I requested a copy of the land registry, and it only had my uncle's name being the only proprietor, prior copy showed two names. However, the restriction was still in place to say "no disposition by a sole proprietor of the land (not being a trust corporation) under which capital money arises is to be registered except under an order of the registrar or of the court"

Am I right to think that we still hold a share of the property in question even though the name of my father or myself is not there anymore? Or do I need to do something to have my name as the executor put on the registrar for future purposes?

Any advice is appreciated, I'm worried because my uncle hasn't gotten along with our family and barely talks to us (didn't even come to his brothers funeral)

getmore4less

What did the will say?
Who lives in the property?


Those with a beneficial interest in your father's share(now or in the future if any life interest involved) should take steps to protect that interest, ideally by having someone registered as one of the legal owners that will respect that interest, be that the beneficiary or trustee.

A feature of the land registration is the last legal owner can appoint anyone to be the second trustee to meet the terms of the restriction.

This can result in beneficial interests getting lost.

Eg uncle dies their exec is unaware of the other interests and deals with the estate as if the property was in sole possession of the uncle.
Other less accidental scenario are possible.

sheramber

Do you know when your father's name was taken off?

Sanyi1988

getmore4less my father's Will just appoints myself as the executor and trustee, all estate will be passed to my Mother. The property is commercial, so currently it is leased out.

@sheramber sometime after his death I imagine. I got two copies of the register of title, one from 2000 and another from 2017

getmore4less

The executor should have dealt with getting your mother's name put on the title as legal owner.
She should also be receiving part of the rent and declaring that if that was the agreement of the ownership

How was the property valued for the IHT return?

Looks like the dads executor(you) may have some more work to do 

xylophone

See
https://forums.moneysavingexpert.com/discussion/comment/78359514/#Comment_78359514

When did your father die?
Your father's will left his beneficial interest in the property to your mother?

Was it your Uncle who advised the LR of the death of his fellow tenant in common?

getmore4less

xylophone said:

See
https://forums.moneysavingexpert.com/discussion/comment/78359514/#Comment_78359514

When did your father die?
Your father's will left his beneficial interest in the property to your mother?

Was it your Uncle who advised the LR of the death of his fellow tenant in common?

I read that the uncle was the TIC, now sole legal owner.,  

xylophone

I read that the uncle was the TIC, now sole legal owner.,  

The OP's father and his uncle owned the property as tenants -in-common.

This meant that legally they were joint tenants and beneficially tenants-in common (see links in my post above).

Both names were on the Register as proprietors.

There was a Form A restriction evidencing the T-I-C.

Presumably the Uncle advised the LR of the death of his co-owner so that Uncle remains as the sole legal owner.

However, the Form A restriction  also remains but this would not prevent the Uncle from selling the property provided that he could find another Trustee to act with him in the sale (see links).

 Nevertheless, this would not relieve the Uncle and the Trustee he appointed of the legal responsibility of being Trustees of the money owing to the heirs of the late father.

The law protects the inheritance of those heirs but the trouble is that they might have to go to law to get it......

It would be far better to obtain the Uncle's agreement to having the OP's mother registered as tenant-in-common.

Sanyi1988

@xylophone father passed away in 2016. 
His will stated everything will pass to my mother after 28 days and myself as an executor
I do not know if my uncle advised HM as he is not residing in the UK and our relationship is unstable so communication is almost non-existant. I am unsure how to request the information, if any, of who may have submitted a DJP to remove my fathers' name. I would like to put my mother back on the title register but without the co operation of my uncle, I feel I can only hope when it comes to sell the property we have the law to back us up.

xylophone

Well, the name was not removed without the completion of the necessary forms.
If not you, your uncle?

 https://help.landregistry.gov.uk/app/social/questions/detail/qid/203/~/death-of-tenant-in-common

Is any form of rent being paid?

Sanyi1988

Right now there is rent being paid to my mother as this property has always been maintained by my Parents before. The uncle never did anything in terms of maintenance. This issue arose because we are planning to sell the property soon so we can cut all ties with him and am hoping this missing name on the registrar wont affect us.