father and brother bought house together, live together, what am I entitled to in inheritance?

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  • tacpot12
    tacpot12 Posts: 7,970 Forumite
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    The £3 basic search will tell you whether there are any restrictions; the restriction, if it is there, will say "No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court".

    If this wording is present, they are tenants in common.

    If you feel strongly that you want your father to leave you something, discuss it with him and see if you can agree what he will leave you. It would be better if you could agree this with your brother at the same time. A 50:50 split is traditional and would be my recommendation unless extenuating circumstances exist.
    The comments I post are my personal opinion. While I try to check everything is correct before posting, I can and do make mistakes, so always try to check official information sources before relying on my posts.
  • Flugelhorn
    Flugelhorn Posts: 5,579 Forumite
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    PatrickM47 wrote: »
    is there any chance that if it were left as joint tenants (if that is the case) that my brother woundn't automatically get everything? If my father's will said otherwise, perhaps?

    if they are joint tenants then brother would automatically 100% own the house - only way for anything to be different would be if the hous was tenants in common.

    tacpot12 is right about the search - the £3 will tell you if there is a restriction - if there isn't you need to have a chat to dad about how the house is owned.
  • Keep_pedalling
    Keep_pedalling Posts: 16,633 Forumite
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    PatrickM47 wrote: »
    what are the pros and cons of a deed of variation vs a TiC conversion?

    You first need to establish how the property is owned. The best route after that is dependant on the answer to that question.

    Unless you father made a positive decision to hold as TiC at the time of purchase, the default is always joint tenants.
  • Flugelhorn
    Flugelhorn Posts: 5,579 Forumite
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    PatrickM47 wrote: »
    what are the pros and cons of a deed of variation vs a TiC conversion?


    Deed of Variation occurs after father's death and would require the agreement of all beneficiaries - is this likely to happen? (the agreement I mean)
  • Pollycat
    Pollycat Posts: 34,686 Forumite
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    Is your Father aware of your concerns about what will happen to your 'inheritance' when he dies?
  • ska_lover
    ska_lover Posts: 3,773 Forumite
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    I hate threads like these. Sorry to those involved, but it is just the way I feel

    When people start planning what they might get their hands on before someone dies, it really makes me feel sad
    The opposite of what you know...is also true
  • BrassicWoman
    BrassicWoman Posts: 3,202 Forumite
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    You're "entitled" to nothing. It's entirely possible dad values the company, and feeling needed - whatever you may think of it.
    2021 GC £1365.71/ £2400
  • Tigsteroonie
    Tigsteroonie Posts: 24,954 Forumite
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    Think longer term. Do you really want to be left half or even quarter (father's half split between the two of you) of a house where your brother lives as a freeloader? Do you really want that hassle, given that it seems he'll be incapable of managing the house, having an income to maintain the house, but you won't be able to make him leave or force a sale?

    Unless it's a millionaire's mansion and therefore worth having, it might be easier to tell your father that you don't want to inherit a share of the house (and perhaps he could leave you other cash or assets instead).
    :heartpuls Mrs Marleyboy :heartpuls

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  • Sea_Shell
    Sea_Shell Posts: 9,379 Forumite
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    ska_lover wrote: »
    I hate threads like these. Sorry to those involved, but it is just the way I feel

    When people start planning what they might get their hands on before someone dies, it really makes me feel sad

    But knowing you might get diddly squat, through no fault of your own, can in the meantime make you feel pretty unloved. No parent should (purposely) make their child feel like that, unless some serious falling out has happened.
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  • tacpot12
    tacpot12 Posts: 7,970 Forumite
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    ska_lover wrote: »
    I hate threads like these. Sorry to those involved, but it is just the way I feel

    When people start planning what they might get their hands on before someone dies, it really makes me feel sad

    I think it depends on the degree to which the OPs express any sense of entitlement to their parents assets. I, and clearly others, find it hard to respond positively to people who believe that they are entitled to something as matter of right.

    But when you see these questions they are usually driven by a sense of fairness; "If X is getting something, then why shouldn't I also get something?"

    I think parents have a duty to discuss what they want to happen with their assets when they die with their children. If the parent wants to leave it all to the Dogs/Cats Home, fair enough, but I think the children should have the possibility of discussing things and making a case for an arrangement which the parent might not have considered. At the end of the day it is about respect for one's family and their wishes.
    The comments I post are my personal opinion. While I try to check everything is correct before posting, I can and do make mistakes, so always try to check official information sources before relying on my posts.
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