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Legal matters

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Is there a way to check house ownership in England?

12 replies

Toomanycuppas · 06/06/2012 05:00

Background story is that my dad bought a house back in the '70's for his parents and brother who had always lived with his parents. My dad and his parents have since died and dad's brother (single, childless in his 70's) now lives in the house alone.

Obviously the house was a gift to my grandparents so was theirs to do what they wished with when they died and I assume it is now in my uncle's name but is there a way I can check this?

What I'm concerned about is when my uncle dies, and I've been told there is no will, what will happen to his estate.

I live in Australia so can't easily ask questions without appearing to be a grasping relative.

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Thumbwitch · 06/06/2012 05:07

Do you know if your grandparents willed it to your uncle?

Thumbwitch · 06/06/2012 05:09

www.justice.gov.uk/courts/probate/family-history this site may help you a little.

fridayfreedom · 06/06/2012 05:11

yes, go on the Land registry website. Make sure you get the .gov site.
You need to register to see the info. Will need the address and post code. Costs £4 to download the information. Should tell you who owns the property but have to pay first before you see the actual information.

Toomanycuppas · 06/06/2012 05:20

Thumbwitch I don't know if the grandparents willed it to uncle. Forgot to mention that he has one sister, my aunty, still alive and she did not get anything from the house when they died. Thanks for the link, will follow that up.

fridayfreedom would my uncle find out that I had done a search through the land registry website? I would hate to be found "snooping". He's not been in good health recently so I wouldn't want him to think we are waiting for him to drop off his perch. I'm just trying to imagine sorting things out when we are so far away.

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fridayfreedom · 06/06/2012 05:24

don't think he will find out. I checked on my mum's house some time ago , I have a part share and I didn't get any info back to say someone had checked.
It's a public register, DH uses it all the time through work as he needs to check ownership of land etc

Thumbwitch · 06/06/2012 05:25

There's no reason he would know you'd looked, I'm sure.

So effectively when your Uncle dies intestate, it could be a bit of a bunfight between you and your aunty, and that's what you're worried about?

Toomanycuppas · 06/06/2012 05:26

Thanks fridayfreedom. I just tried to do the search but it's closed at the moment, only available UK time 7.00 to 12.00 so I'll have to try again when it's the right time zone here.

MN is amazing, you people know everythingGrin

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Toomanycuppas · 06/06/2012 05:30

Thumbwhitch my aunty has two daughters, my lovely cousins that I'm very close to and I also have two brothers. I'm sure we would sort things out between us but it's more that I wouldn't want his estate going to the cat's home. It's funny though, inheritances will surely bring out the worst in anybody. The fact that our dad paid for the house if the first place probably doesn't mean anything nowadays.

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Toomanycuppas · 06/06/2012 05:33

Do you think the fact that my aunty got nothing when my gran died means that the house was Willed to my uncle?

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Thumbwitch · 06/06/2012 06:14

I don't know but it does suggest it was willed to him, unless his sister was just happy for him to have it.
I don't know enough about inheritance law but I think if someone dies intestate, the estate just goes to the next nearest relative - which would be his sister. I honestly don't know though - hopefully some legal eagle will wake up in the UK soon and be able to help you more!

xkcdfangirl · 06/06/2012 07:10

If he does die intestate there are a complicated series of rules about how much fraction of the estate different relatives can claim. It is NOT the case that the whole estate goes to the nearest relative - unless the whole estate including the value of the house is less than £250,000 which is unlikely at today's prices - it is this incorrect assuption which makes lots of people think making a will isn't important.

If he is single and never had any children then his siblings (i.e. your dad and your aunty) and their issue (i.e. you (and your siblings if you have any) and your cousins) will have the estate divided between you, with any fraction due to a particular person who is deceased being divided among their issue (so you, and your siblings if you have any, will get your dad's share).

If your uncle turns out to have fathered a child 40 years ago who he never told you about, the whole situation changes - this is why wills are a good idea.

A big lump of the estate will get eaten away with legal fees and inheritance tax anyway, and if there is any squabbling among the relatives this only reduces further the amount eventually inherited.

Toomanycuppas · 07/06/2012 01:30

Thanks xkc I really appreciate the time you've taken to reply.

I'm hoping to get back to England for a holiday next year so maybe I can make some "sensitive" enquiries.

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