Land Registry - inheritance

[GirlfriendInAKorma]

My Dm passed away last year.
She lived with my step-Dad. Her will stated that her ‘half’ of their house was to come to me, if my step-Dad were to die, remarry or sell the house.

We contacted Land Registry for how best to reflect this legally, and they weren’t very helpful.

i don’t want to be put as a co-owner of the house - as I own my own house, so that would cause problems (as I’d be classed as owning a second home).

Can anyone advise what I need to do… and whether I need a conveyancer involved?

edit: I’m in England

I nsuspect your stepfather could legally do whatever he wants with the house unless you actually own half of it.

What does he think? Has he willed had of the house to you when he dies?

You need legal advice from a lawyer, not the Land Registry.

I think (and I’m no expert) you may need to have a charge registered against the house in your name. You’ll need a solicitor to draw up the paperwork and then use this to make sure your interest/charge is reflected on the land registry documents. But prob best get proper legal advice.

No expert but I think you need to apply for probate regarding your late mother’s will registering your interest. Definitely get legal advice.

Who is the executor of your mum's will?

Do you know whether the house was registered with her and your Step Dad as Joint Tenants or as Tenants In Common?

If they were joint tenants you have not actually inhereted anything. The 100% full ownership of the house passed to him at the moment of her death and it did not form part of her estate so whatever it says in the Will is irrelevant. You are reliant on his good nature and kindness to ensure you eventually get something but you may get nothing.

If they were tenants in common then she can leave her share to you. Your choices are to renounce it or accept it. Was the Will a DIY-without-a-solicitor thing? Because a properly-written Will ought to use quite specific wording to make a deferred legacy as you describe - you would be the owner with him having a right to live there until death or remarriage - and no it is not possible for you to own-it-but-not-own-it. If you don't go on the Deeds then it's his and he can leave it to his own children or to a donkey sanctuary rather than to you. If you don't want to own a second property then ask him if he can buy you out? But you can't force him to if he doesn't want to.

A lot depends on how the house was owned and what the will actually says. If it was owned as joint tenants, your mother's will has no effect - the house now belongs to your stepfather. If it was owned as tenants in common and the will was written professionally, I would expect that her half of the house has gone into a life interest trust, which will own it until your stepfather dies, remarries or sells the house, at which point it passes to you. If the will was not written professionally, there may be no life interest trust and this could be difficult to unpick. You need to consult a solicitor.

You need a solicitor. Land registry are not going to put you on the title of the property just because you ask them to. Who is executing the will? Has probate been granted?

Sorry, am I being dense? You stated: her ‘half’ of their house was to come to me, if my step-Dad were to die, remarry or sell the house.

Has he done any of those things?

It sounds like step dad has a life interest in the house. I’d check with a solicitor how to proceed as unlikely you can record this yourself with land registry.

It sounds like step dad has a life interest in the house. I’d check with a solicitor how to proceed as unlikely you can record this yourself with land registry.