Inherited property Interest via Consent Order

MaidaVale3499

Hi

Advice please for how to update Land Registry given complex issue.

My friend needs to request an update to the Land Registry of a property owned by her late mother who passed away easier in 2024 in England.

The situation is complex:-

- Her mother & father divorced c20 years ago  & consent order provided for mother remaining in the the then family home with father retaining a £42k interest in it when sold.

- the divorce led to mother insisting the 2 children chose mum or dad...one sister chose mother and my friend with her father.

- Land Registry was updated to show the fathers £42k interest in the property ie the former marital home 

-  somehow the mother has sold and moved not only the former marital home but also the subsequently purchased property.  She was now on a 3rd property.  The Land Registry for this property shows the £42k interest for my friends father.

- my friends father died in c2019, leaving a legal will with my friend as sole beneficiary.  Low value will so no probate.  I cant comment as to why £42k interest would not need probate.

- in early 2024, my friend's estranged mother dies, her estranged siing and family did not tell her.  No announcement even in paper etc.

- mother's flat value circa £100k is up for sale and estranged sibling is refusing g to tell my friend which solicitor/s are dealing with probate and or sale of flat.

- the mother's will leaves all of her assets to my friends sister......which my friend has no issue with......what she wants is the £42k interest that she inherited via her late  father's will.

HOW does my friend get the Land Registry updated to show that she now owns the £42k.

She has both parents death certificates, her father's Will, LR Titles History fir all 3 properties, consent order and her own birth certificate and photo ID

Thank you

RAS

Your friend needs advice on placing a caveat on the the mother's probate.

Marcon

MaidaVale3499 said:

Hi

Advice please for how to update Land Registry given complex issue.

My friend needs to request an update to the Land Registry of a property owned by her late mother who passed away easier in 2024 in England.

The situation is complex:-

...so not a good idea to rely on a site where nobody has access to the full facts and nobody is insured to give advice to her. One where professional advice (paid for!) is going to be worth it.

silvercar

@Land_Registry can you advise?

Land_Registry

silvercar said:

@Land_Registry can you advise?

I can't advise on anything specific as the OP has not explained how the late Father's interest has been protected on the land register.
In general terms we deal with the legal ownership and if I have understood correctly that was solely the late Mother's. So when she dies the legal ownership (property) forms part of her estate. Probate is therefore required and her executor can then deal with the property, for example sell it.
The late Father's interest was a beneficial one created by the agreement reached and then shared in his will. There are ways in which such beneficial interests might be protected on the land register but the real issue here is how to legally ensure that the late Father's interest, which is now the sister's/your friend's can be realised once the sale of the property has been completed. The beneficial interest is in effect tied up in the value of the property so once that is realised in some way, a sale being the obvious one, then you have something that can be shared, namely the £s and pence.
So first thing to do is to check and confirm how the late Father's beneficial interest is protected on the register, usually by way of a restriction but could be a notice. And then how is the executor going to sell and the purchaser complete with that in play.
But as others have posted the much bigger and wider issue here is the law with regards that beneficial interest and how it can now be realised and what it's value now is.