Re: Incorrect probate assessment
- From: Roger <roger@xxxxxxxxxxxxxxxxxxx>
- Date: Mon, 31 Mar 2008 19:08:42 +0100
The message <fsr40o$25o$1$8300dec7@xxxxxxxxxxxxxxxx>
from "Norman Wells" <norman@xxxxxxxxxxxxxxxxx> contains these words:
Probate does not constitute a legal conveyance. That should have been done
by the executors, having been granted probate, executing the necessary land
transfers to the intended beneficiaries and, presumably, registering the
change of ownership with the Land Registry. The Land Registry should not
have allowed any transfer of land if the estate didn't own it, and it
wouldn't if your mother had sold some acres off, so that needs to be
resolved.
AIUI there is still no necessity for registration with the LR unless
property is sold. Inheritance does not trigger registration. If I am
wrong I would like to know as I have a share in an inherited property.
Compulsory registration is now in force in England and Wales (no idea
about Scotland) but in some areas it was only implemented only
relatively recently so the 22 acres sold to the uncle may not have been
registered.
Being farm land the acreage of each field would have had to be
registered with the Rural Payments Agency as a condition of receiving
subsidy and the OP, as a part owner, must have access both to the deeds
and any lease if the farming is outside the family. If the aunt is the
farmer and is refusing to supply details then it sounds like she is
trying to pull a fast one.
IANAL
--
Roger Chapman
.
- References:
- Incorrect probate assessment
- From: teddysnips
- Re: Incorrect probate assessment
- From: Norman Wells
- Incorrect probate assessment
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