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Ownership
A complicated one - Help Needed
A complicated one - Help Needed
Posted
Sat, 30 May 2026 18:41:01 GMT
by
Philip Colclough
Hello! - I need some help with a complex ownership situation. Let me try to explain in bullet point form. - Mum and Nan had joint ownership of house since 1970 - they are the current owners listed in the Land Registry. - Nan died in 2003 - Property never transferred and no will. I believe her share would have gone to Mum as next of kin as standard but willing to take advice. - Mum died in 2018 - Property never transferred and no will . Again, I believe this would have passed to my father as next of kin who got Probate. - Dad died on 19th March - again, No will (yes I know!). The questions are: 1 - How on earth do I untangle this mess?? 2 - Am I right that the property would have transferred down the line as described? 3 - Would I need probate (probably yes) to transfer if the property does not transfer down? Any help would be gratefully accepted! Phil Colclough
Posted
Mon, 01 Jun 2026 05:35:03 GMT
by
Adam Hookway
Hello Philip - I'm sorry to read of your losses. We register the legal ownership, which passes to a surviving joint owner following a death. In 2003 the legal ownership passed to your Mum. IN 2018 the legal ownership formed part of her estate and remains there until her executor/administrator deals with it. Your late Father will have obtained letters of administration if there was no will. Probate is granted where a will is recorded. Based on what you have stated you will require letters of administration for your late Father and what is known as letters de bonis non to achieve a chain of representation. That chain will link your Late Mother's letters of administration to your late Father's and should enable you to deal with the property. Remember the property still forms part of your late Mother's estate as it has not been transferred as yet. https://www.gov.uk/hmrc-internal-manuals/inheritance-tax-manual/ihtm05102 Please do seek legal advice
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