house deeds

shazz75

hi,please can someone help me,my mother wants to make a will to leave her house to me and my two brothers but one of my brother's is on the house deeds will she still be able to make a valid will with him still on the house deeds? or should she have home removed? there is also no mortgage on the house! thank you!!

Caz3121

It will depend on how the deeds split the ownership of the property. Are they joint tenants or tenants in common (each owning a set % of the property)?
If he owns 50% now then your mother can leave her 50% to who she wishes but they will be part owners with your brother
Does the brother listed on the deeds live in the property? if not and he gifts his share to your mother then he may have a Capital Gains Tax bill to pay on the increase in property value in the time he has been a part owner.

Keep_pedalling

She can’t just have him removed he is a joint owner. He could give her his share but if he does not live there that will probably leave him with a CGT liability. 

If he is not prepared to give up his share, she could leave her share to you and your other sibling, and to make up at least some of the difference with other assets she owns. Should would need to make sure the ownership is as tenants in common. She needs to make an appointment to see a solicitor. ASAP.

shazz75

Hi thanks so much for replying I'm not sure if he is a joint tenant or tenants in common(how would I find that out?),he was put on the deeds as my parents needed him to get a mortgage but he does not live there,I would we find out if he's a joint owner? my mother has no clue,she didn't even realise he was still on the deeds!!

Keep_pedalling

shazz75 said:

Hi thanks so much for replying I'm not sure if he is a joint tenant or tenants in common(how would I find that out?),he was put on the deeds as my parents needed him to get a mortgage but he does not live there,I would we find out if he's a joint owner? my mother has no clue,she didn't even realise he was still on the deeds!!

Check the Land Registry Title Register for a Form A restriction. If you find a Form A restriction saying “ No disposition by a sole proprietor...is to be registered unless authorised by an order of the court” they are tenants in common; if you don't, they are likely joint tenants. 

If they were TiC and your father died and left everything to you mother she would now own 2/3 and your brother one third (unless a deed of trust was drawn up saying something else). If joint tenants then it becomes 50/50.  if the latter was the case then you brother would own it outright on her death if that is not changed.

Your mother really needs to take legal advice on the best way forward either this. Do you get on with your sibling who is on the deeds?

shazz75

hi,my father has past away just 3 months ago,and yes we get on fine but I don't trust him to share with us so I really wanted my mother to make a will!

shazz75

thanks very much I will check the Land registry and I will take my mother to get some advice!!