House Sale without permission?

theshoefairy

I wouldn't like to contact his sons directly regarding this matter as I don't think it would be well received.

I have contacted the estate agent, got the name of the solicitor acting on behalf of his sons and they asked for my solicitors contact details so I am assuming this issue will come to light fairly soon? Part of me thinks that my stepfather would have told them of the house situation, but of course, I cannot be sure of this.

Why would this put a spanner in the works over the sale? I am happy for the sale to go ahead.

youth_leader

Do keep us updated, I hope it works out in your favour.  If your stepbrother's have already obtained probate you can download a copy of your step Dad's will from the link I gave you earlier.

pumas

theshoefairy said:

I wouldn't like to contact his sons directly regarding this matter as I don't think it would be well received.

I have contacted the estate agent, got the name of the solicitor acting on behalf of his sons and they asked for my solicitors contact details so I am assuming this issue will come to light fairly soon? Part of me thinks that my stepfather would have told them of the house situation, but of course, I cannot be sure of this.

Why would this put a spanner in the works over the sale? I am happy for the sale to go ahead.

If your mother is named as a tenant-in-common, regardless of who the beneficiary is, I think their ownership would need to established before the sale can go through. I get the impression you think you're the beneficiary, but don't have any paperwork.
How did you find out about the sale?

theshoefairy

I have paid for a copy of the document for my stepfather, there was no will but I am awaiting the grant as we speak. Thank you @youth_leader

@pumas This is what I don't understand. Surely the solicitor acting on their behalf would have checked the title deed, especially as there was no will. Unless, and it's a biggie, that their solicitor did question my mother's name on the deed and they told the solicitor she had no children or next of kin? I am wondering what would happen in this situation if this is the case.

theshoefairy

Sorry, I found out about the sale googling the address by chance today. I do have a lot of paperwork. The title deed, the mortgage application and details etc.... Not sure if this will make any difference.

pinkshoes

@theshoefairy it's possible that the sons believe their father to have inherited your mothers share of the property. 

What did the unsigned will say? Was there any indication she wanted him to have it and not you?

This will all need to be established and cleared up before the sale can go through.

SDLT_Geek

One needs to think of the ownership of the property at two levels.

The beneficial level, which has been discussed so far, seems to be on the basis of a “tenancy at common”, meaning that the estate of your mother’s partner has a beneficial half share and your mother’s estate has a beneficial half share.

But when it comes to considering power to sell the property, you need to look at the “legal ownership” as shown on the land registry (once updated).  Here the doctrine of survivorship applies, so on your mother’s death the property vested outright in your mother’s partner. Once he died the legal title vested in his personal representatives. 

They therefore have power to sell the property, although they should divide the money in accordance with the beneficial ownership.

theshoefairy

@pinkshoes no there was no mention of their shared property in her will as it was made before the shared house came into play. She would have wanted me to have her share after her partner passed away.

theshoefairy

SDLT_Geek, do you mean they should but won't have to or they will have to by law?

SDLT_Geek

The personal representatives of your mother’s partner have power to sell the property.  
They should then divide the money in accordance with the beneficial ownership.  They need to know the beneficial ownership in order to be able to do that.