Property Issues

Blowpop27Blowpop27 Posts: 201
Forum Member
Ok, bear with me & I will try to explain best I can.

My grandfather died 20 years ago leaving the house to my mother ( he had motor nurone disease & didn;t leave a will) My mother is an only child. She remebers paying probate at the time of his death.

She is looking to raise some capital on the property & has found out that the land reg still have her fathers name on the deeds. She has been in touch with the solicitor who state that they have no documnetation of him leaving the house to her.

Techinally, nobody owns the property now, even though mum has been living here for 20 years....how can she deal with this problem?

Comments

  • SystemSystem Posts: 2,096,970
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    surely she has some paper work from said probate?

    does this mean the crown owns it and can turf her out?
  • Blowpop27Blowpop27 Posts: 201
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    She thought the paper work was with the solicitor
  • SystemSystem Posts: 2,096,970
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    Then she hasn't paid probate if the solicitors have no record
  • Blowpop27Blowpop27 Posts: 201
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    Ok..she seems to think she had, but for arguments sake lets say she hasn't...what happens then. Who will own the property?
  • SystemSystem Posts: 2,096,970
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    Well I thought that if she is a direct kin then she gets it, but I am surprised the solicitor didn't sort this, was her father with this solicitor too?
  • Blowpop27Blowpop27 Posts: 201
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    Yes..it was his solicitor...its all very bizarre
  • smartpicturesmartpicture Posts: 1,404
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    Sounds like maybe you should get some advice from a different solicitor.
  • StarkickerStarkicker Posts: 1,006
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    Technically, if there wasn't a will, then there can't have been a grant of probate. There may however have been a grant of letters of administration. The practical difference is essentially nothing. Either way it just shows who has power to administer the deceased's estate. Who was the executor/administrator of the estate? Whoever it was should have transfered the property into your mother's name paying the land registry fee (About £50 when I last did it about 4 years ago).


    And if there wasn't a will then there won't be a record of your grandfather leaving the house to your mother.

    I'd guess that it is his estate that still owns the house as the estate hasn't been wound up by distributing the assets - which is the role of the administrator if there wasn't a will and the executor if there was.

    Final caveat (and then I'll stop editing), I'm not a lawyer and that's all based on my understanding of the system in England and Wales. Scotland is slightly different so if you're there...
  • [Deleted User][Deleted User] Posts: 66
    Forum Member
    Starkicker wrote: »
    Technically, if there wasn't a will, then there can't have been a grant of probate. There may however have been a grant of letters of administration. The practical difference is essentially nothing. Either way it just shows who has power to administer the deceased's estate. Who was the executor/administrator of the estate? Whoever it was should have transfered the property into your mother's name paying the land registry fee (About £50 when I last did it about 4 years ago).


    And if there wasn't a will then there won't be a record of your grandfather leaving the house to your mother.

    I'd guess that it is his estate that still owns the house as the estate hasn't been wound up by distributing the assets - which is the role of the administrator if there wasn't a will and the executor if there was.

    Final caveat (and then I'll stop editing), I'm not a lawyer and that's all based on my understanding of the system in England and Wales. Scotland is slightly different so if you're there...

    I'd agree with the above. You could contact the local probate registry to see if they have a record of a grant of probate or letters of administration. If no grant was ever extracted then your Mother should be able to do this now and can then assent the property to herself if she is the beneficiary under the intestacy. The assent should then be registered at the Land Registry.
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