Mirror Wills or Mutual Wills

Land_Registry

critchley has DM'd us and I have done my best to explain the HMLR information. We agreed that I could share the general details in the thread as it may assist others willing to comment further.

• The current registration position is that the property is both freehold and part leasehold
• The freehold is in the sole name of the deceased and has been for a number of years
• The leasehold part is in their joint names and a form A/joint ownership restriction is present
• The information the OP is referring to re a restriction in their name etc is from an old edition of the leasehold register and that was removed when the leasehold title was transferred from the deceased's sole name to their joint names a number of years ago
• 'Old' information is always handy to show what's happened and when as that can often be linked to changes to wills, trusts, mortgage arrangements and so on but we won't have that extra detail on record. When dealing with the legal ownership it's the current registered information that matters. 
• The registration requirements are therefore quite 'simple' in comparison to the wider issues re IHT and probate although naturally the death and probate come into play as to how the registered titles are updated/dealt with
• The freehold title now forms part of the deceased's estate so probate is needed  - what then happens re the legal ownership will depend on the will
• The leasehold title does not form part of the deceased's estate as the legal ownership passes to the OP as the surviving joint owner. However the form A restriction does 'bite' should the OP wish to sell, mortgage or lease for 'capital monies' as per the restriction's wording. 
• What happens next re the leasehold title will probably also be linked to the deceased's will

There is no immediate rush to deal with either the freehold or leasehold title as the death is very sadly factual and the registers can be updated at any time. And in the case of the freehold title that can only happen once probate is obtained.
OP's issues and focus, in my view at least, is on resolving both IHT and probate issues. HMLR don't deal with either so there's little to be advised by ourselves other than what we can share from experience of dealing with similar threads and enquiries 
Hopefully others on MSE can add more value to the thread alongside my very basic advice which would be to identify a professional who deals with wills/probate/IHT (they are often intertwined of course) to understand what the legal position is and what options exist.
There is always a danger, and in no way is this a criticism of the www or MSE and other forums but the very specific set of circumstances the OP is dealing with will often require very specific advice. Online suggestions and guidance can be 'too much' in general terms for someone to fully understand and relate to their very specific set of circumstances. 
There is always a cost re such professional advice but the higher cost can be linked to the professional actually then applying for/dealing with such matters on your behalf. If able to do them yourself then there is a cost-saving but the complexities involved need to be considered.
IHT and Probate assistance are available online
How to value an estate for Inheritance Tax and report its value: Estimate the estate’s value - GOV.UK
Applying for probate: Before you apply - GOV.UK
Like others I hope the OP finds a positive way forward and is able to resolve all the issues faced. Please do update the thread if willing as it will go along way to helping others who then find themselves in similar positions 

Flugelhorn

@Land_Registry thanks for the update - sounds more complicated than I guess we  probably realised with being part freehold / leasehold. 
Hope @critchley , with this information,  can find a solicitor to get onto the next stage of sorting this out 

FlorayG

I'm pleased that at least, whatever happens with the will, OP will definitely have something of her own and not be left totally destitute. Thank you for the update @Land_Registry

Keep_pedalling

Thanks for that detailed update, it is good to know that whatever the position with the will is Critchley will not be losing the roof over her head and the shared leasehold will reduce the amount of IHT that could have been due. Apart from getting professional advice on the will she now also need a valuation on both the value of freehold and leasehold of the house. As IHT is involved I would recommend she avoids free estate agent valuations and gets a paid for RICS valuation,

https://www.rics.org/networking/find-a-member

poseidon1

Keep_pedalling said:

Thanks for that detailed update, it is good to know that whatever the position with the will is Critchley will not be losing the roof over her head and the shared leasehold will reduce the amount of IHT that could have been due. Apart from getting professional advice on the will she now also need a valuation on both the value of freehold and leasehold of the house. As IHT is involved I would recommend she avoids free estate agent valuations and gets a paid for RICS valuation,

https://www.rics.org/networking/find-a-member

Definitely a RICS valuation matter, way beyond the competency of any estate agent.

The OPs January 2023 thread entitled Freehold or Leasehold, indicates the leasehold flat is now unmortgageable ( 54 years remaining ) whilst the downstairs flat owning the freehold has an additional value related to the potentially substantial premium it can charge to either extend the lease of the upstairs flat to 125 years , or sell a share of the freehold coupled to the creation of 999 year leases for both properties.

Interestingly, given the kind clarification given by the Land Registry of the current property title situation, the OP by luck rather than design, stands to acquire the more expensive freehold flat ( by survivorship), whilst the vastly diminished  valued flat she occupies, is at the mercy of the freehold in being ultimately saleable at a realistic price on the open market. However, this superior position of the freehold property, could ultimately assist the OP with her eventual negotiations with beneficiaries of the upstairs flat, so a small ray of sunshine in this respect.

Looks as if her legal adviser will not only have to untangle the wills situation and the IHT implications related thereto, but also address a similarly  complicated interconnected property ownership position.

Agree absolutely with the Land Registry comment that this forum can be of no further assistance with regard to the OP's predicament. Too many highly complex  'moving parts'.

She needs to bite the bullet and engage the services of wills and land law legal advisers together with a RICS surveyor versed in the arcane arts of freehold reversion valuation matters. 

Land_Registry

poseidon1 said:

Keep_pedalling said:

Thanks for that detailed update, it is good to know that whatever the position with the will is Critchley will not be losing the roof over her head and the shared leasehold will reduce the amount of IHT that could have been due. Apart from getting professional advice on the will she now also need a valuation on both the value of freehold and leasehold of the house. As IHT is involved I would recommend she avoids free estate agent valuations and gets a paid for RICS valuation,

https://www.rics.org/networking/find-a-member

Definitely a RICS valuation matter, way beyond the competency of any estate agent.

The OPs January 2023 thread entitled Freehold or Leasehold, indicates the leasehold flat is now unmortgageable ( 54 years remaining ) whilst the downstairs flat owning the freehold has an additional value related to the potentially substantial premium it can charge to either extend the lease of the upstairs flat to 125 years , or sell a share of the freehold coupled to the creation of 999 year leases for both properties.

Interestingly, given the kind clarification given by the Land Registry of the current property title situation, the OP by luck rather than design, stands to acquire the more expensive freehold flat ( by survivorship), whilst the vastly diminished  valued flat she occupies, is at the mercy of the freehold in being ultimately saleable at a realistic price on the open market. However, this superior position of the freehold property, could ultimately assist the OP with her eventual negotiations with beneficiaries of the upstairs flat, so a small ray of sunshine in this respect.

Looks as if her legal adviser will not only have to untangle the wills situation and the IHT implications related thereto, but also address a similarly  complicated interconnected property ownership position.

Agree absolutely with the Land Registry comment that this forum can be of no further assistance with regard to the OP's predicament. Too many highly complex  'moving parts'.

She needs to bite the bullet and engage the services of wills and land law legal advisers together with a RICS surveyor versed in the arcane arts of freehold reversion valuation matters. 

I think it's worth flagging that the leasehold title is of the 1st and 2nd floor flat and it is that title which is in their joint names. The freehold title, so the land and building as a whole, is in the deceased's sole name so the freehold now forms part of the deceased's estate.
There is clearly 'value' in the freehold title as a result and that is only going to increase in value over time as the existing lease reduces in how many years are left in it's term.
I mention this as the survivorship mentioned relates to the leasehold title only. The freehold forms part of the deceased's estate so the will/probate/executor then comes into play - so the deceased's will and any other paperwork that helps understand what happened and why over the years re their agreements/arrangements is for me at least the very crucial first part to unravel.
The original post referenced his will and stated "He left everything to me to sell dispose of and enjoy during my lifetime but after my death stated that half of what was left should be given to charity and the other half to my kids" - if that's still the case then the ability to 'sell dispose and enjoy' remains as OP is still alive.
The OP can presumably apply for probate and deal with his estate including the freehold title. IHT can also be handled as others have posted and in light of any valuations obtained.
The other issue then remains the OP's original Q re can she then change what happens next re the OP's will and leaving 'what's left' to someone else? The wider Q appears to me at least to be defining 'what's left' as and when it needs to be defined and how that is actually worded in the wills is likely to be the legal crux of what option(s) now exist
Too complex to unravel here and definitely one to seek appropriate legal advice for

poseidon1

Land_Registry said:

poseidon1 said:

Keep_pedalling said:

Thanks for that detailed update, it is good to know that whatever the position with the will is Critchley will not be losing the roof over her head and the shared leasehold will reduce the amount of IHT that could have been due. Apart from getting professional advice on the will she now also need a valuation on both the value of freehold and leasehold of the house. As IHT is involved I would recommend she avoids free estate agent valuations and gets a paid for RICS valuation,

https://www.rics.org/networking/find-a-member

Definitely a RICS valuation matter, way beyond the competency of any estate agent.

The OPs January 2023 thread entitled Freehold or Leasehold, indicates the leasehold flat is now unmortgageable ( 54 years remaining ) whilst the downstairs flat owning the freehold has an additional value related to the potentially substantial premium it can charge to either extend the lease of the upstairs flat to 125 years , or sell a share of the freehold coupled to the creation of 999 year leases for both properties.

Interestingly, given the kind clarification given by the Land Registry of the current property title situation, the OP by luck rather than design, stands to acquire the more expensive freehold flat ( by survivorship), whilst the vastly diminished  valued flat she occupies, is at the mercy of the freehold in being ultimately saleable at a realistic price on the open market. However, this superior position of the freehold property, could ultimately assist the OP with her eventual negotiations with beneficiaries of the upstairs flat, so a small ray of sunshine in this respect.

Looks as if her legal adviser will not only have to untangle the wills situation and the IHT implications related thereto, but also address a similarly  complicated interconnected property ownership position.

Agree absolutely with the Land Registry comment that this forum can be of no further assistance with regard to the OP's predicament. Too many highly complex  'moving parts'.

She needs to bite the bullet and engage the services of wills and land law legal advisers together with a RICS surveyor versed in the arcane arts of freehold reversion valuation matters. 

I think it's worth flagging that the leasehold title is of the 1st and 2nd floor flat and it is that title which is in their joint names. The freehold title, so the land and building as a whole, is in the deceased's sole name so the freehold now forms part of the deceased's estate.
There is clearly 'value' in the freehold title as a result and that is only going to increase in value over time as the existing lease reduces in how many years are left in it's term.
I mention this as the survivorship mentioned relates to the leasehold title only. The freehold forms part of the deceased's estate so the will/probate/executor then comes into play - so the deceased's will and any other paperwork that helps understand what happened and why over the years re their agreements/arrangements is for me at least the very crucial first part to unravel.
The original post referenced his will and stated "He left everything to me to sell dispose of and enjoy during my lifetime but after my death stated that half of what was left should be given to charity and the other half to my kids" - if that's still the case then the ability to 'sell dispose and enjoy' remains as OP is still alive.
The OP can presumably apply for probate and deal with his estate including the freehold title. IHT can also be handled as others have posted and in light of any valuations obtained.
The other issue then remains the OP's original Q re can she then change what happens next re the OP's will and leaving 'what's left' to someone else? The wider Q appears to me at least to be defining 'what's left' as and when it needs to be defined and how that is actually worded in the wills is likely to be the legal crux of what option(s) now exist
Too complex to unravel here and definitely one to seek appropriate legal advice for

Clarification and correction most welcome and thanks for keeping a watchful eye on this thread!

critchley

I am still reading the comments on here in between my nervous breakdown time and the fact that my failing Leukaemia treatment may mean I might not be around to see all this to completion (sorry, that sounds dramatic but with all this stress and not being able to eat or sleep or enjoy life it's not that unlikely).  

An appointment has been made to see a solicitor in January so I will come back and update everyone on what happens.  For now, I don't think I can add anything else but thank you to everyone that contributed x

poseidon1

critchley said:

I am still reading the comments on here in between my nervous breakdown time and the fact that my failing Leukaemia treatment may mean I might not be around to see all this to completion (sorry, that sounds dramatic but with all this stress and not being able to eat or sleep or enjoy life it's not that unlikely).  

An appointment has been made to see a solicitor in January so I will come back and update everyone on what happens.  For now, I don't think I can add anything else but thank you to everyone that contributed x

Don't forget to share the Land Registry 's contribution to this thread.  It is the most relevant and helpful from a solicitor's point of view. Good luck!

FlorayG

Best of luck @critchley everyone here is rooting for you!