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Thomas
Thomas, Lawyer
Category: UK Property Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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my partner is deceased and left a will with everything to me

Customer Question

my partner is deceased and left a will with everything to me - however he previoulsy lived in a property with his partner (all 3 of us have same surname) and he was listed on the deeds
she has died as have all her relatives - I would like to claim the property
The council tax is in the deceased name but I have paid the council tax and water rates myself for the previous 15 years -
what are my chances of claiming the property
Submitted: 3 years ago.
Category: UK Property Law
Expert:  Thomas replied 3 years ago.
Hi

Who is/are the registered proprietors of the property

Is the property held a joint tenants or tenants in common

Tom
Customer: replied 3 years ago.

The deceased first partner of my late husband - my late husband has a caution in favour of him on the deeds

 

the property is owned solely by the deceased first partner of my late husband

Expert:  Thomas replied 3 years ago.
Hi

Was he attempting to claim an interest in the property?

Tom
Customer: replied 3 years ago.

he originally lived there

he had a caution in favour of him placed on the deeds after she died

the mortgage was paid of on her death and he received her life insurance

other than that he had made no formal attempt to claim the property

Expert:  Thomas replied 3 years ago.

Right.

 

Did she have a Will, who inherited if so?

 

Did a solicitor deal with the administration of her estate?

 

Tom

Customer: replied 3 years ago.

there was no will

 

no solicitor dealt with the admin of her estate as far as i am aware

 

 

Expert:  Thomas replied 3 years ago.

Was she unmarried without children at the time of her death?

 

Tom

Customer: replied 3 years ago.

yes she was unmarried but living in the property with my late husband

 

she had no children during her life

Expert:  Thomas replied 3 years ago.

Hi,

 

Her estate should have passed in accordance with the intestacy rules in the following way:-

  • Estate goes to parents.
  • If none, then to siblings of the whole blood or their issue.
  • If none, then to siblings of the half blood or their issue.
  • If none, then to grandparents.
  • If none, then to uncles and aunts of the whole blood or their issue.
  • If none, then to uncles and aunts of the half blood or their issue.
  • If there are no parents, siblings (whole or half blood), issue of siblings, grandparents, uncles and aunts (whole or half blood), or issue of uncles or aunts, estate goes to the Crown (or to the Duchy of Lancaster or the Duke of Cornwall).

If she was the sole registered proprietor of the property then the property should have been included in their estate. The rightful inheritors of the estate would still be entitled to the property now I'm afraid, unless your late husband is proved to have acquired an interest in the property. Presumably this is why he registered a caution against the property.

 

If your husband was not married to his partner then he could have acquired an interest in the property by either contributing to the directly to the mortgage or in rent payments to her more than he otherwise would have had to pay in private rented accommodation OR by paying for improvements to the property which substantially increased the value of the property. If you are the executor of his estate then you would be able to make a claim in his place, but it would be defended by the person(s) who should have inherited his previous partner's estate (including the property)

 

You really need to get some specific advice on this because it's quite an unusual situation. I would take the documents you have to a local probate solicitor for a consultation. I would caution though that it might not be easy or quick.

 

When attending I would also ask about adverse possession. If you have been occupying the property in excess of 10 years and it is registered you may be eligible to make a claim to have it registered in your sole name. This may be a more viable way forward than the above but, as I say, i would see a solicitor for a consultation for a fixed pre-agreed fee.


Sorry it could not be better news.


If this is useful please kindly click accept so that I may be rewarded for my time. You will be free to ask follow up questions.

 

Kind regards,

 

Tom

Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6644
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 2 other UK Property Law Specialists are ready to help you
Customer: replied 3 years ago.

hi i recieved the above response to my questions and would now like more advice on adverse possession

 

The council tax for said property will be transfered to my name this month and most bills at the property have been paid by me for in excess of 15 years

 

what other course of action/s could i take to help secure my claim for adverse possession

thanks

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