UK Family Law
UK Family Law Questions Answered by Verified Experts
1. Did they have any children
2. Did she leave a will
Was a grant of representation taken out (ie. by your brother perhaps)?
Did her assets (inc her interest in the house) exceed £250, 000.00
If the property was held as joint tenants then the share would have been transferred automatically to the surviving joint owners in equal shares. I think this unlikely, they would probably have been advised to hold a tenants in common.
If as TICs then the share would pass under the intestacy rules to your brother. If this is the case and there was no earlier trust document declaring that they owned un equal shares in the property then your brother would now hold 50% and 25% would be held by his parents in law.
If he is registered on the title then he still has a right to occupy the property and it will not be difficult to prove his share.
He does need to see a solicitor about transferring his wifes share to his name and taking out letters of representation in order to do this however.
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