• My Dads Name Is On Title Absolute Along With My Brother And His Wife. My Dad Has Died.as An Executor For My Dads Estate Do I Have Any Responsibility Regarding The Property?

    By Guest on 12th Jun 2015

    need to be sure of responsibility

  • 1 Answers

    By Guest on 13/06/2015

    You don't have responsibility for the property in terms of repair, insurance, payment of outgoings etc. if the property was owned by the three people you mention as joint tenants then you have no interest whatsoever as the whole of the legal and equitable title has passed automatically to the two remaining owners by right of survivorship. If they held as tenants in common on the other hand then your father's share of the equity forms part of his estate and as executor you are responsible for making sure it is distributed in accordance with his will just like his other assets.

    If the property is registered with land registry you can check whether the owners are joint tenants or tenants in common by obtaining the official copy of register of title here http://land-registry-documents.co.uk/order-documents and checking in the proprietorship register for a restriction stating that there is not to be a sale by a sole proprietor. If the property is held as joint tenants you would be wise to seek the advice of a solicitor specialising in wills and probate.

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