Charge on a property

Toffee77

As part of her divorce my Mother in law was awarded a percentage of her ex-husbands property. A charge was put on the property but sadly my M-I-L has passed away 10 yrs ago and we have only just found the paperwork relating.to this. Would the charge still be in place and would it automatically be passed.to her sons? Her ex husband is still alive and still lives in the property. 

DE_612183

If there was a charge, then it will be with Land Registry - you can check online although you may need to pay a fee.

Did your MIL leave a will?

If so there should be something in there that talks about residual estate ( of which this will be part ), you need to find out what the will says, how the estate is split and then you can get a conveyancing solicitor to amend the charge in favour of the beneficiaries - the costs fro all of this can come out of the estate. 

user1977

Assuming the amount due has never been paid (it might have been paid but with the charge still lingering), it will form an additional part of her estate, so will go to whoever the beneficiaries were.

lisyloo

The charge will still be in place. It's about £3 to get land registry info, so I'd do that.
It will go to whoever was named in the will or the intestacy rules if no will.

It might be possible to get it changed DIY.
Who was the executor?

Toffee77

DE_612183 said:

If there was a charge, then it will be with Land Registry - you can check online although you may need to pay a fee.

Did your MIL leave a will?

If so there should be something in there that talks about residual estate ( of which this will be part ), you need to find out what the will says, how the estate is split and then you can get a conveyancing solicitor to amend the charge in favour of the beneficiaries - the costs fro all of this can come out of the estate. 

Sadly she didn't leave a will but probate was granted.

Toffee77

lisyloo said:

The charge will still be in place. It's about £3 to get land registry info, so I'd do that.
It will go to whoever was named in the will or the intestacy rules if no will.

It might be possible to get it changed DIY.
Who was the executor?

My brother in law and husband were granted probate as there was no will

ChirpyChicken

lisyloo said:

The charge will still be in place. It's about £3 to get land registry info, so I'd do that.
It will go to whoever was named in the will or the intestacy rules if no will.

It might be possible to get it changed DIY.
Who was the executor?

£7 now for title deed

lisyloo

I guess they know who the beneficiaries are already

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

lisyloo

Personally I would look to do this DIY unless the executors don't have time (they'll probably spend as long dealing with solicitors).
It may just be a case of filling out a form with the relevant evidence e.g. grant of probate, id of executors, id of beneficiaries.
This will all have to be provided to solicitors anyway.

Toffee77

lisyloo said:

Personally I would look to do this DIY unless the executors don't have time (they'll probably spend as long dealing with solicitors).
It may just be a case of filling out a form with the relevant evidence e.g. grant of probate, id of executors, id of beneficiaries.
This will all have to be provided to solicitors anyway.

Thank you for your advice.  Will look into getting it changed and how straightforward it is 

BikingBud

Toffee77 said:

As part of her divorce my Mother in law was awarded a percentage of her ex-husbands property. A charge was put on the property but sadly my M-I-L has passed away 10 yrs ago and we have only just found the paperwork relating.to this. Would the charge still be in place and would it automatically be passed.to her sons? Her ex husband is still alive and still lives in the property. 

Is the ex husband the father of your husband and his brother?

If so what is the current expectation upon the father's death?

If not is there any kind of relationship that might enable communication about the issue?

Are there any relations to the MiL's ex husband that might be expecting the property to be passed wholly to them?

How problematic could that become?