Executor/beneficiary has ignored will

Flugelhorn

Good Luck with it all - keep us posted

Bolt1234

Why on earth would the Aunt do this?  It was bound to get discovered but what I have learnt about POA's, wills, probate etc is that nothing surprises me where money is concerned.  Beneficies of my Father's will are very happy to sit back and let me do all the running around, attend meetings, sit on the phone for hours trying to resolve utility bills etc but when it comes to their 'share' things are different.  

NannaH

I imagine She assumed that nobody would ever find out about the will,  people don’t tend to know you can get them online now.
I can only surmise that she got hold of the deeds to the (unregistered ?) house and was able to register it in her name.  

Land_Registry

Sea_Shell said:

Land_Registry said:

Sea_Shell said:

Giving this some more thought...

How was she allowed (able) to put the property in her sole name, if probate showed that the estate was to be split 4 ways?

Are there no checks and balances at Land Registry's end?

@Land_Registry can you assist?   How does it all work?

OP, have you checked on LR to see what it says.  You can get a copy for £3 I believe.

Some basics first - we register the legal ownership of land and property. We don’t register wills or deal with a deceased’s estate 
Nan it appears owned the property alone so when she died it formed part of her estate along with her monies, belongings etc. 
Probate was therefore needed to deal with her estate and executor(s) appointed. The executor(s) then deal with the estate inc property according to her will. 

The law protects proven beneficiaries. Not HMLR as we deal with the land plus bricks & mortar as a whole. The quarter share for example is in the beneficial ownership, the value of the land plus bricks & mortar. The £s and pence realised for example when a property is sold. 

Now Auntie, as executor, has transferred the legal ownership into her name plus husband. That can happen if the estates been dealt with and her share equated to say the property value. 

To repeat we register the legal ownership so don’t police the estate shares so no fraud here. And no mortgage fraud as if she’s mortgaged it as the registered legal owner then no mortgage fraud either. 

So going back to OP’s original Qs then yes you may have a claim and a legal challenge re your beneficial share but you’ve got to prove it and that starts with Nan’s will. 

The complexities that followed re her mental health and actions of Auntie and other beneficiaries are likely to impact also re any legal challenge. But your solicitor needs to advise you and if the evidence exists to back up your legal claim they can also advise re best options and next steps. 

None of that impacts on the registered title unless it has to be sold for example. 

Hope that helps explain our role at least 

Thanks for that comprehensive reply.   

I think I understand.    Basically at LR, you have no input as to HOW the estate is supposed to be distributed, and even if the will says X, then that could always have been dealt with by either a Deed of Variation, or a buyout (where more cash in exchange for property) is agreed between beneficiaries. 

LR would not be party to any such agreements, and so is not their 'business' as it were.    They just act on executors instructions. 
How are you getting on @Jay199555

Largely correct. We deal with the legal ownership so the land plus bricks & mortar. That can only ever be dealt with as a whole. 

The will deals with the beneficial ownership so the £s and pence and that can obviously be split 
An executor deals with the deceased’s estate and in this case that includes Auntie’s property. ‘Deals with’ can mean many different things but in this context they deal with her estate in accordance with her will. 

That could mean putting the legal title into her name whilst sorting the estate for all. But putting it in her name plus partner doesn’t ‘fit’ that scenario unless of course her beneficial share equated to the property value in some way so she transferred it into their joint names as legally and beneficially hers/theirs now. 

Only she will know why she did it but your case is about your quarter share and proving that exists in law. If you can then it’s a legal matter and not a registration one 

foxy_squirrel

Intriguing, how did she think she could get away with it. Seek legal advice straight away, wouldnt even bother contacting the other family members and would love to be a fly on that wall when the letter drops on the mat. Keep us posted. 

greyteam1959

Go through your house insurance if you can.
Your could be faced with some very serious costs as this thing escalates.

scoot65

Fascinating situation, I hope all goes well for you. As others have said........please do keep us posted!

Ganga

Bolt1234 said:

Why on earth would the Aunt do this?  It was bound to get discovered but what I have learnt about POA's, wills, probate etc is that nothing surprises me where money is concerned.  Beneficies of my Father's will are very happy to sit back and let me do all the running around, attend meetings, sit on the phone for hours trying to resolve utility bills etc but when it comes to their 'share' things are different.  

As they say  " where there is a will " , the number of times on this forum that this has come up is unbelievable but money turns some people into greedy you know whats.