would i have any claim to parents house....no deeds and not registered on land registery..

gramy1

hi..my brother has lived in our parent's home all his life.....when our parents died he just stayed living there and i purchased my own home...

my brother has now died and his will left everything to a "friend" we have never met or know nothing about.....i am not mentioned in the will...
.i have now found out the house is not registered with the land registry and we cannot find deeds to the house....

the house may still be in our father's name....our parents purchased the house 70 years ago....would i be able to have any claim to the house if the deeds were never transferred to my brother's name as i would be next of kin....thanks for any advice...

theoretica

Did your parents have a will?

Mickey666

If the deeds are never found then I suspect the brother would have the best claim on the property on the basis of having lived there all his life, thereby effectively claiming ownership through adverse possession.

Also, if the deeds are never found then how could you prove the house was purchased by your parents anyway?  

If his "friend" is on the ball they will now be claiming the house as theirs, based on your brother's adverse possession.  I can't see how you can have any claim.  The time to have made a claim would surely have been when your Father died?  How long ago was that?

MovingForwards

https://forums.moneysavingexpert.com/discussion/6266068/heres-a-tricky-one-transferring-house-to-son-any-ideas-appreciated/p1

Which thread(s) got the wrong information in as it doesn't tally with what's now being said.

theoretica

Though the possession would only be adverse if the other owner had not given permission.  If two brothers (or were there more siblings?) inherited a property equally from their father but were happy for one to live there then the two brothers would continue to own half each - half to @gramy1 and half to be left in deceased brother's will.

Grumpy_chap

MovingForwards said:

https://forums.moneysavingexpert.com/discussion/6266068/heres-a-tricky-one-transferring-house-to-son-any-ideas-appreciated/p1

Which thread(s) got the wrong information in as it doesn't tally with what's now being said.

And in this thread, the OP is the only child:
https://forums.moneysavingexpert.com/discussion/6249468/removing-solicitors-as-executers-while-parents-still-alive/p1

What exactly do the parent's wills say, that were only updated in March?
https://forums.moneysavingexpert.com/discussion/6251003/2-seperate-smaller-wills-or-1-single-will-paying-taxes-which-is-better/p1

Mickey666

theoretica said:

Though the possession would only be adverse if the other owner had not given permission.  If two brothers (or were there more siblings?) inherited a property equally from their father but were happy for one to live there then the two brothers would continue to own half each - half to @gramy1 and half to be left in deceased brother's will.

Agreed, but in this case the ownership of the property is in doubt . . . or at least it cannot be proved without the deeds.  So if the owner cannot be proved then how can it be proved they gave permission to live in the house? 

Also, how long since the Father died?  If it is more than the time required for an adverse possession claim then wouldn't the occupying brother have a valid AP claim?

Having said all that, I've not read the other threads being referred to and it seems like there's a lot of inconsistencies so it's difficult to know exactly what is and has been going on.

Marcon

gramy1 said:

hi..my brother has lived in our parent's home all his life.....when our parents died he just stayed living there and i purchased my own home...

my brother has now died and his will left everything to a "friend" we have never met or know nothing about.....i am not mentioned in the will...
.i have now found out the house is not registered with the land registry and we cannot find deeds to the house....

the house may still be in our father's name....our parents purchased the house 70 years ago....would i be able to have any claim to the house if the deeds were never transferred to my brother's name as i would be next of kin....thanks for any advice...

Two months ago you didn't have a brother https://forums.moneysavingexpert.com/discussion/6249468/removing-solicitors-as-executers-while-parents-still-alive/p1 and both parents were still alive.

Are you using this site to do your homework, or just idly passing the time of day by posting any old version of events to see who is daft enough to fall for it?

gramy1

Mickey666 said:

If the deeds are never found then I suspect the brother would have the best claim on the property on the basis of having lived there all his life, thereby effectively claiming ownership through adverse possession.

Also, if the deeds are never found then how could you prove the house was purchased by your parents anyway?  

If his "friend" is on the ball they will now be claiming the house as theirs, based on your brother's adverse possession.  I can't see how you can have any claim.  The time to have made a claim would surely have been when your Father died?  How long ago was that?

hi....thanks for reply....yes this is what i thought as well.....thanks