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  • FIRST POST
    • paddedjohn
    • By paddedjohn 17th May 18, 12:46 AM
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    paddedjohn
    House registered in wrong name
    • #1
    • 17th May 18, 12:46 AM
    House registered in wrong name 17th May 18 at 12:46 AM
    Grandmother died last year leaving no will, she left 2 surviving kids but also had another who died 10 years ago leaving 2kids.
    The estate only really consisted of a house but it seems that it has been registered in the names of the 2 surviving children and missed out their dead sisters kids, who now owns the house?
    Be Alert..........Britain needs lerts.
Page 1
    • Yorkshireman99
    • By Yorkshireman99 17th May 18, 6:12 AM
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    Yorkshireman99
    • #2
    • 17th May 18, 6:12 AM
    • #2
    • 17th May 18, 6:12 AM
    In the absence of proof to the contrary the registered owners do. There are potentially tax issues as well. Someone probably needs to obtain letters of administration and get urgent paid for legal advice.
    • Browntoa
    • By Browntoa 17th May 18, 6:16 AM
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    Browntoa
    • #3
    • 17th May 18, 6:16 AM
    • #3
    • 17th May 18, 6:16 AM
    Sounds like the old "care home fee" dodging attempt has gone wrong . That asset is owned by the 2 sisters and is not part of the estate.

    As pointed out , if it was done fairly recently then there are tax liabilities , take proper legal/financial advice
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    • Sea Shell
    • By Sea Shell 17th May 18, 6:22 AM
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    Sea Shell
    • #4
    • 17th May 18, 6:22 AM
    • #4
    • 17th May 18, 6:22 AM
    Are you saying the house was re-registered incorrectly AFTER she died, or transferred BEFORE she died??
    " That pound I saved yesterday, is a pound I don't have to earn tomorrow "
    • paddedjohn
    • By paddedjohn 17th May 18, 7:14 AM
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    paddedjohn
    • #5
    • 17th May 18, 7:14 AM
    • #5
    • 17th May 18, 7:14 AM
    The house used to be registered in the deceased grandparents names.
    They had 3 children Bill Ben and Barry, Barry died years ago leaving 2 children, Bill has sorted the estate out and put the house in Bill and Bens names omitting Barry's children.
    Be Alert..........Britain needs lerts.
    • paddedjohn
    • By paddedjohn 17th May 18, 7:16 AM
    • 7,169 Posts
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    paddedjohn
    • #6
    • 17th May 18, 7:16 AM
    • #6
    • 17th May 18, 7:16 AM
    Are you saying the house was re-registered incorrectly AFTER she died, or transferred BEFORE she died??
    Originally posted by Sea Shell
    After she died one of her surviving children has sorted the estate out and had the house put into the names of the 2 surviving children but left out their deceased siblings kids (both over 18)
    Be Alert..........Britain needs lerts.
    • Gers
    • By Gers 17th May 18, 7:26 AM
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    Gers
    • #7
    • 17th May 18, 7:26 AM
    • #7
    • 17th May 18, 7:26 AM
    Is this in Scotland?
    • getmore4less
    • By getmore4less 17th May 18, 7:29 AM
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    getmore4less
    • #8
    • 17th May 18, 7:29 AM
    • #8
    • 17th May 18, 7:29 AM
    There are 2 types of ownership, legal and beneficial.

    The legal owners hold a property as trustees for the beneficial owners.

    beneficial owners don't lose their right because they are not legal owners
    (but you can see how easy it is pinch a property)

    From what you have said the beneficial ownership should be the two living siblings and the children of the deceased sibling.

    It's going to be a good idea to get this addressed, the person that administrated the estate may have just not realised they need to account for the deceased siblings share thinking it lapsed and just left to the living siblings.

    the key bit of legislation is the Section 33 rule wich is an exeption to normal lapsed gifts.


    https://www.legislation.gov.uk/ukpga/Will4and1Vict/7/26/section/33
    • PasturesNew
    • By PasturesNew 17th May 18, 7:38 AM
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    PasturesNew
    • #9
    • 17th May 18, 7:38 AM
    • #9
    • 17th May 18, 7:38 AM
    As has been said above, the children don't lose their parent's 1/3rd share of the estate, but you do need to check the specifics/depending on country.

    In part, what happens next might depend on what the two surviving siblings' intentions were: 1/ Get it into our names so we can put it on the market, then distribute the funds. 2/ Rob the kids.

    Under English rules of intestacy, the funds in the estate (including the house sale/value) would be split into three. The two living children would take 1/3rd each; the two grand-children would share their deceased parent's 1/3rd equally between them (getting 1/6th each).
    • paddedjohn
    • By paddedjohn 17th May 18, 7:41 AM
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    paddedjohn
    Thanks, I'm sure it's just a genuine mistake as they didn't realise their siblings kids inherited too, they have no kids of their own so already treat these as their own rather than nieces and would see them right anyway, was just ensuring no one can get into any sort of trouble if this wasn't sorted out properly.
    Be Alert..........Britain needs lerts.
    • Tom99
    • By Tom99 17th May 18, 7:53 AM
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    Tom99
    If you have not already done so check who probate was granted to. That will also confirm there was no will.
    Then contact whoever has been appointed administrator of the estate to advise them of your interest.
    I do not know whether the Land Reg would tell you who registered the change in ownership, if they would, and it was a solicitor, also contact then to advise of your interest.
    • Dox
    • By Dox 17th May 18, 10:28 AM
    • 861 Posts
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    Dox
    This sort of thing is more common than you might think - one for a solicitor to sort out. No big deal, although there will be some costs in getting it sorted out.

    If Bill and Ben are planning to sell the house and then give the 2 grandchildren their share, it's even less of an issue.
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