Who owns the property

[Ilovelowry]

Situation is the property was in joint names following the dispersment of a Will in the mid 1980s. There is no 'form A' in part B of the land register to suggest 'tenants in common'.

One of the 'proprietors' has died. Has the property defaulted in ownership to the other proprietor as there was no tenants in common stipulation?

If so, can the land registry be updated without speaking to the family of the deceased to provide a death certificate?

Have attached below. The blacked out part was just the names of the two 'proprietors'.

Thanks in advance.

Also, how long legally are the restrictions in place? Is this perpetuity?

The "no disposition by a sole proprietor" restriction is a form A restriction. The property is therefore owned as tenants in common. In the absence of a deed of trust stating a different split, the deceased owned 50% of the property and it now forms part of their estate to be distributed in accordance with the will.

The restrictions remain in place until they are removed, e.g. when the property is sold.

@prh47bridge thank you so much.

The deceased died intestate and completed probate doesn't include the share of this property, I checked the probate register.

The family don't seem to be aware of this share. Who will update the land registry and would the co-proprietor now be the deceased man's wife?

I do intend to see a solicitor about this with my parent but as the two sides of family don't speak I am trying to help my parents figure this out a little so we know where they stand.

Whoever has applied to administer the estate of the deceased must deal with the half interest in the property. If no one has applied for probate yet then check the hierarchy here and contact whoever is highest placed. Presumably the wife of the deceased.

the-probate-network.co.uk/articles/intestacy-rules-flowchart/#:~:text=Start%20at%20the%20top%20with,deceased%2C%20consider%20the%20deceased's%20siblings.

If he died intestate then the laws of intestacy will apply. So if he was married, his wife will inherit up to £322k and half the remaining estate. Any children of the deceased will inherit the remaining half of anything over £322k.
The question is, what was the value of his estate and how much is the house worth?

You really need to say if the proprietors were a married couple, in a civil partnership, or if the one who died was married to another person or unmarried.

The executors may be liable to a financial penalty from HMRC if they have given incorrect information about the value of the estate.

Thanks so much all.

So, the two proprietors on the land registry document are siblings.

There is a 3rd sibling allowed to live in the property until death.

The sibling who died intestate has completed probate and this is stated as £110k. Which would absolutely not include the half of the house we are discussing and I think refers to the house he and his wife own.

My parent hasn't spoken to any of the siblings since the late 1980s.

I am trying to get my parent to complete a will (I know, they are 80 and don't have one 🤦🏼‍♀️).

This half of the house was my parents inheritance from their parent. I don't think they are likely to ever be able to realise the asset before they die. But this does need to be clarified in their will as it's me that will then need to deal with it!

So grateful for all the input.

I presume the second restriction is in favour of the sibling with the right to live there?

@MinnieMountain that is correct. We know she is still alive and in the property.

@anyolddinosaur its possible that they don't know about the share of the property that their husband owned. Or they forgot.

@Soontobe60 the probate register says his estate was £110k. Which would not cover the house he owned and lived in, and his share of the co-owned house.

As he died intestate his wife inherits his interest in the property unless the total value of the estate is so great that any children inherit from their father, that sounds unlikely. Capital gains tax will be based on when you are able to dispose of the property.

If you think the family may not know you need to inform them.

@anyolddinosaur thank you, that's really clear.

I so appreciate everyone's help.