Dad died with PCP, can they do this?

Marcon

Flugelhorn said:

elsien said:

https://www.gov.uk/government/organisations/land-registry

£3 fee, I think. 

elsien said:

https://www.gov.uk/government/organisations/land-registry

£3 fee, I think. 

this will give you a copy of the land registry entry - it won't say "joint" or "tenants in common " but if it has the words 

"

Form A (Restriction on dispositions by sole proprietor)

No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court. " 

then that implies it is tenants in common 

Just thinking - others will know, if they bought it in 1980, will it be on the digital land registry database?

Costs nothing to look and see, which is the only way to be certain.

OP - if the house is held as joint tenants, and the estate is insolvent, and your mother has not yet taken any action to 'administer' the estate, I strongly suggest she doesn't - or she'll have to go on with the administration until the estate is wound up. There's no requirement for her to do so, although I completely understand that people often feel they 'should'.

RAS

Flugelhorn said:

Just thinking - others will know, if they bought it in 1980, will it be on the digital land registry database?

Probably, although it was rolled out area by area if I remember rightly. Certainly, parents decided on a voluntary registration a decade early, not in a major city.

GolfR

This means little to me but can anyone else tell if it shows anything with regards to how the house was owned? I can’t see any form A anywhere on it so hopefully this means they were joint tenants.

GolfR

Marcon said:

Flugelhorn said:

elsien said:

https://www.gov.uk/government/organisations/land-registry

£3 fee, I think. 

elsien said:

https://www.gov.uk/government/organisations/land-registry

£3 fee, I think. 

this will give you a copy of the land registry entry - it won't say "joint" or "tenants in common " but if it has the words 

"

Form A (Restriction on dispositions by sole proprietor)

No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court. " 

then that implies it is tenants in common 

Just thinking - others will know, if they bought it in 1980, will it be on the digital land registry database?

Costs nothing to look and see, which is the only way to be certain.

OP - if the house is held as joint tenants, and the estate is insolvent, and your mother has not yet taken any action to 'administer' the estate, I strongly suggest she doesn't - or she'll have to go on with the administration until the estate is wound up. There's no requirement for her to do so, although I completely understand that people often feel they 'should'.

When you say not take any action to administer the estate, you mean to not to go dishing any money from his sole account out to his creditors? Or if you mean with regards to just telling companies that he’s died, how do we arrange the finances if nobody takes ownership? We’ve told a few places - banks and Santander - if they asked - that she is the administrator. Or is this just your advice if they are tenants in common? Thanks

theoretica

Owning a property as joint tenants does not mean it isn't taken into account for paying back debt from the estate.  Or it would become extremely popular to make all assets/accounts jointly owned to get out of paying back debt!  That said, it is vanishingly unlikely that anyone would force the sale of the house for the sum mentioned.

https://nationaldebtline.org/fact-sheet-library/debts-after-death-ew/

"If the deceased person has assets in their estate, joint or sole, the debts become a liability on the estate. "

74jax

GolfR said:

Marcon said:

Flugelhorn said:

elsien said:

https://www.gov.uk/government/organisations/land-registry

£3 fee, I think. 

elsien said:

https://www.gov.uk/government/organisations/land-registry

£3 fee, I think. 

this will give you a copy of the land registry entry - it won't say "joint" or "tenants in common " but if it has the words 

"

Form A (Restriction on dispositions by sole proprietor)

No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court. " 

then that implies it is tenants in common 

Just thinking - others will know, if they bought it in 1980, will it be on the digital land registry database?

Costs nothing to look and see, which is the only way to be certain.

OP - if the house is held as joint tenants, and the estate is insolvent, and your mother has not yet taken any action to 'administer' the estate, I strongly suggest she doesn't - or she'll have to go on with the administration until the estate is wound up. There's no requirement for her to do so, although I completely understand that people often feel they 'should'.

When you say not take any action to administer the estate, you mean to not to go dishing any money from his sole account out to his creditors? Or if you mean with regards to just telling companies that he’s died, how do we arrange the finances if nobody takes ownership? We’ve told a few places - banks and Santander - if they asked - that she is the administrator. Or is this just your advice if they are tenants in common? Thanks

When you say 'sole account' do you mean he does have money? In which case definitely do NOT start paying off debts without checking you are doing them in the right order. Yes, there is an order and those collecting debts owed can get very pushy, however there are strict guidelines to what is paid out to who in order.
What is the value of his estate? What/who does he owe money to? 

GolfR

Hi all, since this thread has had a recent new reply I thought I would update. My mother and I have since sought the help of a solicitor who is taking care of it for us. We realised that it was much safer to do it this way so that there are no comebacks to my mother. Thanks all for your help!