Will

[thegoodthebad]

My mother has recently passed away and jointly owned a house with her separated husband and mother in-law (3-way-split).

Complicated storey, Mum and Dad separated 25 years ago but never legally divorced yet both had separate on-off relationships but both remained living the house in separate bedrooms.

Mum has just died and in her will she has left her the portion of the estate to her daughters.

Legally can the will stand up or would the house naturally be shared amongst the other deed holders or even inherited by the separated husband.

Advice welcome.

OP
I could be wrong, but if you Mum and Dad were married and not divorced prior to her death, her share automatically goes to your Dad. Unless there was a separation agreement in place.

You are wrong. (Assuming uk and a will in place)

OP depends how the house was owned - if they were 3 joint tenants then your mums share becomes owned by the other 2 and doesn’t become part of the estate. If they were tenants in common her 1/3 is part of the estate and goes to whoever is in her will. There may be an issue with actually getting that share in cash though - unlikely to be able to force a sale I suspect.

get the land registry deeds - should show details of ownership.

Title or Deeds? I've downloaded them and can't locate either of the terms used?

You are looking for what they call a “form A restriction” in the title register - if present (showing wording below) then it’s held as tenants in common.

“No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court.”

Many thanks - and should the wording not be present I suspect it cant be contested?

House was bought 40+ years back.

I believe it is assumed joint tenants unless that restriction has been placed on the title. It is normally decided at purchase but can be changed at any point owners decide to.

Thanks for advising