A Query For Land Registry Experts

bubby08

Thank you all I appreciate it.

No there was no deed of variation or if there was it has not been logged anywhere

The Will states In the event that my mother dies that the property is passed to me. However their is a section which discusses anything that is left of the estate to split between some other family members. 

I don’t know if this would be relevant?

CSI_Yorkshire

bubby08 said:

The Will states In the event that my mother dies that the property is passed to me. However their is a section which discusses anything that is left of the estate to split between some other family members. 

I don’t know if this would be relevant?

Very relevant, and the precise wording will be important.

If it says something like "at the time of Ms X becoming deceased, the property will pass to bubby", this clause would not be triggered and the property would become part of "anything that is left of the estate" and need to be split.

If it says something like "when Ms X no longer needs or desires the use of the property, it will pass to bubby", then her giving up the rights would trigger the clause and it would pass to you.

The only way to guarantee passing the property to you regardless of wording would be that she inherits and gifts it to you (a sole adult beneficiary can close a trust and dispose of its assets at any time), but having already signed a declaration that she is refusing it I don't know if that will still be possible.

MWT

CSI_Yorkshire said:

bubby08 said:

The Will states In the event that my mother dies that the property is passed to me. However their is a section which discusses anything that is left of the estate to split between some other family members. 

I don’t know if this would be relevant?

Very relevant, and the precise wording will be important.

Spot on...

I'd double-down on my earlier legal advice comment as I would not want to be Executor, and beneficiary at the expense of the other residuary legatees, trying to rescind the existing statement that has already been presented to the Land Registry...

The opportunity to direct the property to 'bubby' vanished when the 2 year window to execute a deed of variation expired...

It is possible to change her mind though as long as nobody who would have benefitted from her earlier decision has done anything in reliance upon that decision... one for the lawyers for sure...

bubby08

Thank you so much i now follow your thought process, I have contacted a solicitor . In this instance what would constitute my mother actually receiving the property and then passing it to me? I am guessing their would need to be some kind of paper trail rather than verbally. 

My second question is based on the current state of play going to back to Land Registry asking for proof that the trust has ended. Would providing this proof (whatever it may be) trigger that the property goes back to the estate?

CSI_Yorkshire

bubby08 said:

Thank you so much i now follow your thought process, I have contacted a solicitor . In this instance what would constitute my mother actually receiving the property and then passing it to me? I am guessing their would need to be some kind of paper trail rather than verbally. 

My second question is based on the current state of play going to back to Land Registry asking for proof that the trust has ended. Would providing this proof (whatever it may be) trigger that the property goes back to the estate?

Again, it depends how the trust ends.  There is a difference between it ending because she rejected the inheritance and it went back into the estate or it ending because she chose to close the trust and dispose of the assets herself.

It's a complex situation with possibly severe consequences for you - you will need to rely on the solicitor rather than anonymous online forum members for sure.

MWT

CSI_Yorkshire said:

It's a complex situation with possibly severe consequences for you - you will need to rely on the solicitor rather than anonymous online forum members for sure.

 Agreed.

bubby08 said:

Thank you so much i now follow your thought process, I have contacted a solicitor . In this instance what would constitute my mother actually receiving the property and then passing it to me? I am guessing their would need to be some kind of paper trail rather than verbally.

Take your solicitor's advice, but it would usually require the estate distribution to be concluded and the property transferred into her name.

Only then do you get to consider what is happen next with regard to the ownership of the property, the tax consequences etc. 

There were better options originally, but as far as I can see they expired some years ago sadly...

bubby08

Ok thank you very much for input all.