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Who owns it on paper?

4 replies

Whatevernext33 · 03/05/2022 11:06

Hi, I hope someone can advise......My grandfather passed away 6 years ago, and with probate and will all taken care of, we've realised that we don't think his house deeds were ever changed. No mortgage on property. The house was left in thirds to my uncle, my mum, and the last third me and siblings. My uncle still lives in the house as he had cared for my grandfather the last few years and uncle was/is single. My mum wrote a deed of trust giving her third to my uncle witnessed by a friend. She gifted it as she has her own place and as a thank you for looking after my grandfather. (He didn't want to go into care, my uncle cared for him)
So, my uncle is looking to potentially sort his will out (in his 70s) but we are wondering what happens with a house that has been left via will but no actual changes made to official deeds etc?
Sounds silly, but not sure what the ownership status of house is!? Is it two thirds my uncles and last third my siblings and I?
Thanks in advance for any advice!

OP posts:
Collaborate · 03/05/2022 13:50

In theory the executors own the legal estate and the beneficial interest is owned as to 2/3 your uncle and 1/3 you and siblings.

Better get cracking and sort it out. The lonbger you wait the greater change these things get forgotten.

TizerorFizz · 03/05/2022 15:12

See a solicitor quickly.

Whatevernext33 · 03/05/2022 20:16

Thank you Collaborate, so we do legally own it., but it should be changed on deeds? How do we do that, via a solicitor or just land registry?

OP posts:
filka · 03/05/2022 20:32

I think you do legally own it, because you have been given it in a will that has passed probate, and by a properly signed deed of gift. I would try contacting the Land Registry with the title deeds plus the will/probate/deed of gift.

You'll need to decide whether the new ownership is Joint Tenancy or Tenants in Common. It sounds like a Tenancy in Common, if I understand that the desired ownership is now uncle 2/3 and you and siblings 1/3

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