Executor won't share Will

xylophone

You state that the Aunt and her late husband owned the property as tenants-in- common.

This means that both she and her husband had the right to leave  their equitable (but not legal) interest in the property to whomsoever they chose.

It is not unusual in such circumstances for each party to leave a life interest in possession to the survivor with the  interest ultimately passing to another party or parties, often the children of the deceased.

However, when the first t-i-c dies, it is only the equitable/beneficial interest that passes as above - 
 the only person who can authorise any changes to the register is the surviving tenant-in-common who is the sole legal owner of the property.

https://www.land-registry-documents.co.uk/information/joint-ownership-tennants/

If the t-i-c is "incapax" and has a PoA registered with the OPG, presumably the Attorney can authorise such a change.

You state above

At some point land registry was updated.

Was this after the death of the Uncle? The Aunt authorised a change? Or the Attorneys did?

What exactly does the Register now show?

You have the Aunt's will (or perhaps a copy of it)?

Does it make any specific reference to the property?

clairby

xylophone said:

You state that the Aunt and her late husband owned the property as tenants-in- common.

This means that both she and her husband had the right to leave  their equitable (but not legal) interest in the property to whomsoever they chose.

It is not unusual in such circumstances for each party to leave a life interest in possession to the survivor with the  interest ultimately passing to another party or parties, often the children of the deceased.

However, when the first t-i-c dies, it is only the equitable/beneficial interest that passes as above - 
 the only person who can authorise any changes to the register is the surviving tenant-in-common who is the sole legal owner of the property.

https://www.land-registry-documents.co.uk/information/joint-ownership-tennants/

If the t-i-c is "incapax" and has a PoA registered with the OPG, presumably the Attorney can authorise such a change.

You state above

At some point land registry was updated.

Was this after the death of the Uncle? The Aunt authorised a change? Or the Attorneys did?

What exactly does the Register now show?

You have the Aunt's will (or perhaps a copy of it)?

Does it make any specific reference to the property?

Some interesting points raised here which we're going to look into. Thank you. We can't rely on Auntie's memory unfortunately and her current personal solicitor is very poor. As I've stated previously there's lots of residual bad feeling from the sons towards Auntie as she was their father's second wife and they never approved the relationship. The most shocking aspect here is that they are both legal professionals, as was their father. Obviously their emotion is overriding their professional obligations.

Marcon

clairby said:

xylophone said:

You state that the Aunt and her late husband owned the property as tenants-in- common.

This means that both she and her husband had the right to leave  their equitable (but not legal) interest in the property to whomsoever they chose.

It is not unusual in such circumstances for each party to leave a life interest in possession to the survivor with the  interest ultimately passing to another party or parties, often the children of the deceased.

However, when the first t-i-c dies, it is only the equitable/beneficial interest that passes as above - 
 the only person who can authorise any changes to the register is the surviving tenant-in-common who is the sole legal owner of the property.

https://www.land-registry-documents.co.uk/information/joint-ownership-tennants/

If the t-i-c is "incapax" and has a PoA registered with the OPG, presumably the Attorney can authorise such a change.

You state above

At some point land registry was updated.

Was this after the death of the Uncle? The Aunt authorised a change? Or the Attorneys did?

What exactly does the Register now show?

You have the Aunt's will (or perhaps a copy of it)?

Does it make any specific reference to the property?

Some interesting points raised here which we're going to look into. Thank you. We can't rely on Auntie's memory unfortunately and her current personal solicitor is very poor. As I've stated previously there's lots of residual bad feeling from the sons towards Auntie as she was their father's second wife and they never approved the relationship. The most shocking aspect here is that they are both legal professionals, as was their father. Obviously their emotion is overriding their professional obligations.

...or they are aware that there is no time limit for administering an estate...

xylophone

..or they are aware that there is no time limit for administering an estate...

https://www.wrighthassall.co.uk/knowledge-base/removing-and-substituting-executors#:~:text=If a named executor refuses,else to administer the estate.

The Attorneys are responsible for the financial affairs/health and well being of the Aunt.

As such, they need information relating to any money she may be due/any interest other than hers that there may be in the marital home.

It may be necessary for the Attorneys to request the aunt's solicitor to contact her stepsons so as to establish the exact position.

clairby

xylophone said:

..or they are aware that there is no time limit for administering an estate...

https://www.wrighthassall.co.uk/knowledge-base/removing-and-substituting-executors#:~:text=If a named executor refuses,else to administer the estate.

The Attorneys are responsible for the financial affairs/health and well being of the Aunt.

As such, they need information relating to any money she may be due/any interest other than hers that there may be in the marital home.

It may be necessary for the Attorneys to request the aunt's solicitor to contact her stepsons so as to establish the exact position.

Already been done....numerous times. Always ignored! The solicitor is now saying she's not able to pursue it. 

clairby

Marcon said:

clairby said:

xylophone said:

You state that the Aunt and her late husband owned the property as tenants-in- common.

This means that both she and her husband had the right to leave  their equitable (but not legal) interest in the property to whomsoever they chose.

It is not unusual in such circumstances for each party to leave a life interest in possession to the survivor with the  interest ultimately passing to another party or parties, often the children of the deceased.

However, when the first t-i-c dies, it is only the equitable/beneficial interest that passes as above - 
 the only person who can authorise any changes to the register is the surviving tenant-in-common who is the sole legal owner of the property.

https://www.land-registry-documents.co.uk/information/joint-ownership-tennants/

If the t-i-c is "incapax" and has a PoA registered with the OPG, presumably the Attorney can authorise such a change.

You state above

At some point land registry was updated.

Was this after the death of the Uncle? The Aunt authorised a change? Or the Attorneys did?

What exactly does the Register now show?

You have the Aunt's will (or perhaps a copy of it)?

Does it make any specific reference to the property?

Some interesting points raised here which we're going to look into. Thank you. We can't rely on Auntie's memory unfortunately and her current personal solicitor is very poor. As I've stated previously there's lots of residual bad feeling from the sons towards Auntie as she was their father's second wife and they never approved the relationship. The most shocking aspect here is that they are both legal professionals, as was their father. Obviously their emotion is overriding their professional obligations.

...or they are aware that there is no time limit for administering an estate...

Oh they'll definitely be aware. My original post was in the hope that we may have legality on our side. It appears not so far.....

Brie

Did her husband work for a law firm or do you know who he might have worked with?  Chances are someone he worked with may have witnessed the will and even possibly still have a copy.  

theoretica

Can you get a court order to sell the house with unknown second owner(s)?  For anyone to object, they would presumably need to present their claim to be the owner.

Mojisola

clairby said:

The executors have never applied for probate. They literally took the Will and have sat on it ever since- 6 years now.

clairby said:

 At some point land registry was updated.

How could they update the land registry without getting probate?

How is the ownership described by the LR?

clairby

Brie said:

Did her husband work for a law firm or do you know who he might have worked with?  Chances are someone he worked with may have witnessed the will and even possibly still have a copy.  

Brie said:

Did her husband work for a law firm or do you know who he might have worked with?  Chances are someone he worked with may have witnessed the will and even possibly still have a copy.  

He wrote it after he'd retired. We've no idea who the witnesses are unfortunately.