Title deeds and ownership of a property freehold vs leasehold

Thekitchensink

A family member BW died some years ago, leaving his house in trust to his partner in her will. Essentially the will stated that the partner had the right to live in the property, but upon death the house would be left to his children. He is listed on the freehold title (absolute) deeds and she is list on leasehold title (good). She has now said that she owns the property, and that she has the right to leave it to her friend and that she doesn't really understand why BW has put this in his will. (although she was also the executor of his will and did not disclose what it said to his children)
Does she own the house or does it belong to BW's estate still and if so how can his children challenge this? They have recently obtained a copy of the will and the 2 title deeds.

p00hsticks

Thekitchensink said:

A family member BW died some years ago, leaving his house in trust to his partner in her will. Essentially the will stated that the partner had the right to live in the property, but upon death the house would be left to his children. He is listed on the freehold title (absolute) deeds and she is list on leasehold title (good). She has now said that she owns the property, and that she has the right to leave it to her friend and that she doesn't really understand why BW has put this in his will. (although she was also the executor of his will and did not disclose what it said to his children)
Does she own the house or does it belong to BW's estate still and if so how can his children challenge this? They have recently obtained a copy of the will and the 2 title deeds.

FYI there's also a 'Death, funerals and probate' board on the forum where similar questions come up from time to time

https://forums.moneysavingexpert.com/categories/deaths-funerals-probate

The main thing I'd make sure of first is who actually owned the property prior to BW's death - I believe you can get historic records of ownership from the Land Registry.

If BW was the sole owner, then they could will it where they wanted. 

If BW and his partner owned the property jointly as tenants in common, then BW owned a half that he could will where he wanted, with the other half belonging to the partner. 

And if BW and his partner owned the property as joint tentants, then it would automatically pass to the partner on BW's death, regardless of what is written in a will.

propertyrental

https://www.gov.uk/guidance/hm-land-registry-portal-request-historical-copies
but this appears to be available only to business users (eg solicitors)

Ah! Here:
https://www.gov.uk/government/publications/historical-registertitle-plan-registration-hc1

Land_Registry

Thekitchensink said:

A family member BW died some years ago, leaving his house in trust to his partner in her will. Essentially the will stated that the partner had the right to live in the property, but upon death the house would be left to his children. He is listed on the freehold title (absolute) deeds and she is list on leasehold title (good). She has now said that she owns the property, and that she has the right to leave it to her friend and that she doesn't really understand why BW has put this in his will. (although she was also the executor of his will and did not disclose what it said to his children)
Does she own the house or does it belong to BW's estate still and if so how can his children challenge this? They have recently obtained a copy of the will and the 2 title deeds.

If he is listed as the sole owner of the freehold then that forms part of his estate. As he’s died probate would be required. The leasehold tenure is hers. 

Probate means the named personal representative then deals with the estate in accordance with the recorded will. 

Arrangements such as living in the house but upon death etc are quite common but you’ve got a complication due to the mix of tenures here so I’d recommend seeking legal advice. 

You’ve already checked the current registered information so you know who owns what so historical information isn’t perhaps relevant here.
If there’s an actual ‘trust deed’ then that would be helpful also but I suspect you mean the will arrangement created the trust rather than anything more