Re: A sorry tale
- From: Richard Miller <richard@xxxxxxxxxxxxxxxxxxxxxx>
- Date: Sat, 19 Jul 2008 08:25:14 +0100
In message <Stay78.2c6d7a2@xxxxxxxxxxxxxxxxx>, Stay78 <Stay78.2c6d7a2@xxxxxxxxxxxxxxxxx> writes
Hi
First off thankyou for reading this and I hope you can give me some
advice or guidance. My problem all revolves around property ownership.
Basically I was talking to a friend and she asked for my advice, but I
wasnt sure what to tell her. So I thought I would turn to the internet
for help.
Hmm. Looks a bit like an exam question, but it is the wrong time of year for those. Well, if it is, you have shown a bit of initiative coming here, and have taken the trouble to phrase it carefully, so what the hell! And if it isn't, then I hope what follows will be of assistance.
he had been "exploring" and found the deeds to the property and he was
The problem is her mother died some years back and since then the house
has been vacant as it was left to her and her brother in the will, and
they have been deciding what to do with it. Recently her son moved
into the property on the basis of paying rent while they are still
deciding what to do next. Then after an argument her son told her that
going to sell it, and there was nothing she could do. I told her that
I didnt think it would be quite as easy as that. But she was very
upset, as she suspected if he had found the deeds and destroyed the
will which said that she was entitled to the house there would be no
proof of ownership.
First off, the Will: was a grant of probate taken out when the mother died? If it was, then the Will is, for current purposes, set in stone and there would be no problem.
If it wasn't, then this ought to be done immediately. I often recommend that people can do this themselves without solicitors, but given the time that has passed, and the dispute that is bubbling, I would strongly recommend using a solicitor on this occasion.
Second up, let us suppose that circumstances arose such that it could not be proved that a will had existed. The whole estate would then pass under intestacy rules, which would treat the son and the daughter exactly equally.
Thirdly, I am guessing from your post that he has found a bundle of old conveyances and other historic legal documents relating to the property. The title to the house may be "registered" or "unregistered". A land registry search, which I think can now be done online, would show this one way or the other. If the title is registered, then any documents he has found are completely irrelevant. If the title is unregistered, then that bundle of deeds will be important to prove that the mother owned the property. However, destroying them would do nothing to help the son establish a claim that he owned it, and he would not be able to sell it. The mother's ownership could be established in other ways, for example by proof of her having lived there from phone records, utility bills etc, and perhaps proof of any mortgage.
--
Richard Miller
.
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- A sorry tale
- From: Stay78
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