How to proceed

Cazzaloulou68

Have also found out…def joint tenants. And other deceased parent (11years ago) is still on property deeds. So 3 people.

Keep_pedalling

Cazzaloulou68 said:

Have also found out…def joint tenants. And other deceased parent (11years ago) is still on property deeds. So 3 people.

Land_Registry Although the LR has not been updated the property is currently owned jointly between the two of them. I am not sure if still having the deceased parent on the record complicates severing the tenancy hopefully Land_Registry can advise.

RAS

@Land_Registry

Flugelhorn

Keep_pedalling said:

Cazzaloulou68 said:

Have also found out…def joint tenants. And other deceased parent (11years ago) is still on property deeds. So 3 people.

@Land_RegistryAlthough the LR has not been updated the property is currently owned jointly between the two of them. I am not sure if still having the deceased parent on the record complicates severing the tenancy hopefully Land_Registry can advise.

definitely need @Land_Registry but just thinking if it was joint and parent 1 died 11 years ago then the property is now owned jointly just by parent 2 and brother so should be able to make TIC 

poppystar

As someone said previously the property would have to be held as tenants in common to be able to do this. If it is joint tenants it will automatically go to the other person. Sibling can sever the tenancy though and that can probably be done at the same time as the Will is written. Then he can leave his half to whoever. 

Cazzaloulou68

Looking online, it looks like that takes several weeks to go thru…unfortunately we prob don’t have that much time. Do you think if he starts the process and he passes in the interim, how does that effect it?

Flugelhorn

Cazzaloulou68 said:

Looking online, it looks like that takes several weeks to go thru…unfortunately we prob don’t have that much time. Do you think if he starts the process and he passes in the interim, how does that effect it?

don't know but there is this article that might help a bit https://www.lexology.com/library/detail.aspx?g=e51007f0-5b1d-49ac-b36f-1beddd94b1f8

Keep_pedalling

Cazzaloulou68 said:

Looking online, it looks like that takes several weeks to go thru…unfortunately we prob don’t have that much time. Do you think if he starts the process and he passes in the interim, how does that affect it?

Although it takes quite a long time for the LR to register the restriction I am pretty sure that severance is achieved legally as soon has the notice of severance has been served. 

Savvy_Sue

When you start trying to find a solicitor to do a home visit, you need to stress the urgency, and check they are willing to commit to a quick turnaround. You could also ask for a Zoom consultation. 

It's a situation where a DIY job may be as good as anything. Also worth noting that you can use a deed of variation to change the outcome of intestacy.

Cazzaloulou68

Ok so I’m assuming that my sibling only actually owns a third of the property? Originally 3 people owned property. Father died 11 years ago, so does that mean his share automatically went to mother, essentially giving her 2/3 rds of property and sibling 1 /3 ?. There was no need for probate as he had no other assets and only a few £ in the bank.