• Is This Legal?!

    By Guest on 24th Jul 2020

    Currently going through the legal route in settling an estate following the death of a family number. It was assumed that the house was divided between family members years ago however no documentation can be found to support this. The land registry doesn't show this... surely if its not registered with the land registry (states the family member who died and her late husband are the owners) then these family members don't have a right to what they claim they own?

    The land registry does show a restriction saying that one sole proprietor cannot sell the property. It does not list the fqmily nemvers who claim they own a portion of the house. Am I correct in assuming that this restriction refers to both family members who are listed on the registry (ie a tenants in common)

  • 1 Answers

    By NotaryExpress on 25/07/2020

    If the Land Registry shows the deceased as legal owner then the deceased (and now the estate) are the legal owner.

    If there is a historic transfer deed (e.g. a TR1) which was never registered then it could show the transfer took place (essentially you'd have a split between legal owner and equitable ownership) but was not registered. That could be registered historically but it sounds like there is no paperwork to support this.

    If it was just a verbal agreement that the house was split then that is unlikely to be enforceable. If the deceased did not divest themselves of the estate before death then the will takes precedence and however the property is divided in the will.

    You might benefit from using a probate lawyer to do the work professionally as a third party rather than risk infighting between family members. You are welcome to call us for a quote on 03333 122 221

    www.notaryexpress.co.uk

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