Who owns this property

Kirkmain

My grandmother owned a £600,000 house. She passed intestate 8years ago. She had 6 children.

The wills and probate service states that authorisation was granted to my uncle to be administrator of the estate.

My father has sadly lost capacity. My mother has LPA for finances.

I looked up the title register for my grandmas property. The billed owners are still my grandparents (impressive given my grandfather passed over 40years ago)

My question is if my uncle did not do anything in his capacity as administrator of my grandparents home, who currently owns it? My uncle? Jointly owned by 6 siblings? Whoever has been paying the bills? It has been left empty and unoccupied. Bills have been paid from petty cash my grandmother had leftover.

My cousin sometimes stays over from time to time due to work commute convenience. Can he claim squatters rights?

I am assuming it is too late for my mum, on behalf of my dad using her LPA, to sign a deed of variation so that my dad's £100,000 stake in this home bypasses his estate and goes straight to his children/ grandchildren?

Thanks in advance

Edit: I am not really on speaking terms with my fathers 5 siblings so can't ask them directly.

elsien

There’s no such thing squatter’s rights. At the moment the property is still owned by the estate until probate is sorted.

What is the reason that your uncle has sat on it for so long and the family have allowed him to do so? You’re not talking to her siblings, but are you in contact with anyone else, cousins for example, If you know they are staying there?

I don’t know what the timescales are for a deed of variation for an estate that no one is has dealt with But if it were possible, a power of attorney  would have to evidence why giving a large amount of money away is in your father’s best interests. And unless he has substantial assets of his own already, he would also need to consider that it would be very likely be deliberate deprivation of assets if he needs to pay for his own care at any point. 

However, your Mum in her capacity as power of attorney might want to write a formal letter to the uncle asking on your dad’s behalf about the delay? 

Alphatauri

I assume your grandmother was a widow so the house is held by the administrator but the owners are the six children. https://www.gov.uk/inherits-someone-dies-without-will 

It is too late for a deed of variation to avoid inheritance tax as this has to be done within 2 years. 

I think the starting point is for your Mum, as your Dad’s LPA, to write to the Administrator (Uncle) and ask for an update on the estate. Depending on the response she may wish to seek legal advice.

If you haven’t already done so, you could register for a property alert https://www.gov.uk/guidance/property-alert so you are made aware of any potential changes to the register.

It may also be worth phoning Land Registry https://www.gov.uk/guidance/contact-hm-land-registry and asking if you can add a restriction or something similar to protect your Dad’s interest.

Kirkmain

elsien said:

What is the reason that your uncle has sat on it for so long and the family have allowed him to do so? 

I'd say a combination of factors. Siblings who don't really talk. None of them wanting to look like they were pushing to sell and benefit financially from the family home that they all grew up in. Wanting to leave my grandparents home in the family. Covid lockdown years. My father and his siblings are all in a very privlaged position and were financially self-sifficient. None of them were in any desperate need for that inheritance windfall. Maybe even an element of pride, the first to ask "when are we getting our share of mum's house?" or "when are we selling" would be revealing that they need the money.

Now my generation don't have the same sentimental attachment to this house. We have reached the stage where we need to know what my dad holds for care entitlement and eventually IHT reasons.

Linton

I am not a lawyer...

Surely, assuming the house was not owned by Grandma as a joint tenant, if nothing has been done to change its status the house is still owned by grandma or, as she is dead, her estate.    The only person authorised to change its status is the Administrator of the estate.   I dont believe the Land Registry can do this without authority which is why  grandfather is till recorded).

This means that strictly speaking the cousin has no right to stay there unless permission is given by the owner or the administrator.

If the administrator cannot be persuaded to do their job then they need to relinquish it, either voluntarily or by direction of the courts.

Kirkmain

Linton said:

I am not a lawyer...

Surely, assuming the house was not owned by Grandma as a joint tenant, if nothing has been done to change its status the house is still owned by grandma or, as she is dead, her estate.    The only person authorised to change its status is the Administrator of the estate.   I dont believe the Land Registry can do this without authority which is why  grandfather is till recorded).

This means that strictly speaking the cousin has no right to stay there unless permission is given by the owner or the administrator.

If the administrator cannot be persuaded to do their job then they need to relinquish it, either voluntarily or by direction of the courts.

cousin is son of uncle who is administrator, so presumably he has been granted permission

Keep_pedalling

Wonder who paid the utility bills and council tax.

Kirkmain

Keep_pedalling said:

Wonder who paid the utility bills and council tax.

There was money in my grandmother's estate. I'm assuming from that, and each sibling also contributed

Grumpy_chap

Kirkmain said:

My grandmother owned a £600,000 house. She passed intestate 8years ago. 
.

Kirkmain said:

Keep_pedalling said:

Wonder who paid the utility bills and council tax.

There was money in my grandmother's estate. I'm assuming from that, and each sibling also contributed

Over an 8-year period, one imagines that the value of the Estate to be distributed is diminishing.  At least the non-house elements of the Estate will be as burned through meeting costs of the property.

The property may have increased in value, which will result in a CGT liability for the Estate to settle prior to distribution.  Though, a vacant and unmaintained property may depreciate through deterioration faster than the rate at which the property market increased over that time.  Complex.

The excuses given for not resolving the Estate seem hollow at best.  8 years ago was 2016.  Should have been fully resolved well ahead of COVID.

You say that a Cousin (Son of the Uncle who is Administrator for the Estate) stays over "from time to time".  The cynic in me would question whether the motivation for the Uncle not resolving the Estate is that the Cousin gets a house to live in for free and is, in fact, residing rather full time permanently in the house...???

One thing is for certain - resolving this Estate will not get any easier the longer it is left unresolved.
You mentioned that your Father has since lost some capacity - there may come a point where the assessed value of your Father's inheritance is deemed to be available to meet care costs, but not available in practice.
Your Uncle may experience loss of capacity also.
Beneficiaries of the Estate may become deceased, so their Estates will not be capable of being properly concluded either.

There really is a need for the Uncle to either get this properly resolved, or for the Uncle to step aside and allow another to Administer the Estate.

Sea_Shell

8 years is a substantial length of time, but I can see how, in the circumstances described, it has just 'drifted' for so long.

No one pushing for a resolution, everyone seemingly happy with the status quo, no one wanting to rock the boat or demand their share, things tick along and before you know it....8 YEARS have passed!!

However, it shouldn't be allowed to continue to drift indefinitely, so needs action.    Otherwise it will get harder and harder to resolve. 

Alphatouri wrote - "I think the starting point is for your Mum, as your Dad’s LPA, to write to the Administrator (Uncle) and ask for an update on the estate. Depending on the response she may wish to seek legal advice." - I agree.