Tenants in common/Joint tenants registered incorrectly - Bereavement

nimson

Hi all, myself and my husband purchased our home in 2013 and our conveyancing was completed through a local solicitor. On completion and in our concluding letter the solicitor confirmed we were being registered as joint tenants beneficially. I informed the bank yesterday of my husbands recent death and they confirmed they would contact the land registry for the title. I downloaded the title yesterday which confirmed we were registered as tenants in common. I understand that as a tenant in common my husbands share of the property will form part of his estate. Therefore the rule of survivorship does not apply as it should of done in my case as the title was registered incorrectly by the solicitor. What recourse do I have in this situation? How should the solicitor rectify the situation? How should I take this forward?

EssexHebridean

Firstly, I’m so sorry to hear of your husband’s death - it must be a very difficult time and I’m sure this sort of problem is the last thing you need. 

Do you still have the letter from the solicitor? 

nimson

Firstly thank you very much for responding, yes I have a final letter that states "In accordance with your instructions we are recording you as the new owners as joint tenants beneficially".

SDLT_Geek

nimson said:

Hi all, myself and my husband purchased our home in 2013 and our conveyancing was completed through a local solicitor. On completion and in our concluding letter the solicitor confirmed we were being registered as joint tenants beneficially. I informed the bank yesterday of my husbands recent death and they confirmed they would contact the land registry for the title. I downloaded the title yesterday which confirmed we were registered as tenants in common. I understand that as a tenant in common my husbands share of the property will form part of his estate. Therefore the rule of survivorship does not apply as it should of done in my case as the title was registered incorrectly by the solicitor. What recourse do I have in this situation? How should the solicitor rectify the situation? How should I take this forward?

Strictly speaking the Land Registry title is not definitive as to whether you held as tenants in common or as joint tenants.  The presence of a Form A restriction (which it seems you might have found) is only indicative of being tenants in common.

The transfer you signed at the time of purchase might set out the position.

p00hsticks

nimson said:

I understand that as a tenant in common my husbands share of the property will form part of his estate. Therefore the rule of survivorship does not apply as it should of done in my case as the title was registered incorrectly by the solicitor. What recourse do I have in this situation? How should the solicitor rectify the situation? How should I take this forward?

I think a lot will depend on what material difference the error has made. 

Are we talking England & Wales or Scotland here ? 
Did your husband leave a will ? and if so who were the beneficiaries ?
If he didn't leave a will, how big is the estate and did he have any children ?  

nimson

Thank you for your comments, the restriction A notice is on the land registry form which indicates we are tenants in common. My husband did not leave a will and has no other assets. He does however leave some of his own personal debts that would of been written off had we of been joint tenant beneficially in line with what the solicitor should of registered us as. I just can't believe the solicitor did not register the property properly and I'm in this situation. I live in England. We have three children over the age of 18.

Keep_pedalling

What is the value of the house? If his share is over £322k the other issue is that you don’t automatically inherit all of it under intestacy laws. 

housebuyer143

You have kept the paperwork which is good. If you have anything else that says you requested joint tenants such as a copy of the transfer forms you signed or anything you signed when you started the process with the solicitor, am email etc, that will be a big win.

Once you understand your loss in this matter then I believe you should be able to pursue the conveyancer for compensation. With the absence of a will I believe you should inherit the first £322k of the estate before it's given to children etc. If your house worth more than £644k? 
I imagine your loss is going to be your husbands debts because as you say, they will rent to be paid. 

If a formal complaint to the solicitor doesn't work then you can escalate to the ombudsman. 


https://www.gov.uk/inherits-someone-dies-without-will

tacpot12

I too am sorry for our loss and that you having to deal with a difficult problem at a difficult time. It is a lesson to all they should check the title that has been registered as soon as they are able to do so.