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Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7509
Experience:  BA (Hons), PgDip, Practising Solicitor
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what is a undefined deed? If there are 3 names on a title deed,and

Resolved Question:

what is a undefined deed? If there are 3 names on a title deed,and one person on the deed,dies,how is the deed dealt with ?
Submitted: 5 years ago.
Category: UK Property Law
Expert:  Thomas replied 5 years ago.
Hi
Thanks for your question.
To enable me to answer your question could you please respond to the following using the same numbering:-
1. Does this relate to ownership of a property
2. If so , is the title to the property in question registered or unregistered?

Kind regards.
Tom
Customer: replied 5 years ago.

1. Yes it does relate to ownership of a property

2. The title is registered.

Expert:  Thomas replied 5 years ago.
Ok.

Are the interests in the property held as "Tenants in common" or "joint tenants"?

Tom
Customer: replied 5 years ago.

I can not answer that question,the property belongs to my father and on the title deed,which has three names,one being my father,second my mother and third my brother,who sadly passed away,the mortgage has been paid out,as he had a Insurance policy.

My main question is that,is this property diveded into 3 equal parts? one part which goes to my brothers wife?

Expert:  Thomas replied 5 years ago.
Ok. I will be able to tell.

Look at the propreitorship register of the title (where you are listed as the registered propreitors). Can you tell me if the following entry appears below your names:-

" No disposition by a sole propreitor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the Court"

Kind regards.


Tom
Customer: replied 5 years ago.

Hi Tom,

Sorry I don't have this information to hand,How can I contact later,once I have this info?

Kind regards

Jay

Expert:  Thomas replied 5 years ago.
Hi Jay,

Just reply to this post and I will be notified. Your question will remain open.

Kind regards,

Tom
Customer: replied 5 years ago.

Thank you.

Expert:  Thomas replied 5 years ago.
No problem.
Customer: replied 5 years ago.

Hi Tom,

Finally got the details from the title deed,and it does state,what you had asked.

" No disposition by a sole propreitor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the Court"

 

Regards

Jay

Expert:  Thomas replied 5 years ago.

Hi,

 

Thanks for your question.

 

That entry means that you hold your interests as Tenants In Common. This means that your brother's interest in the property would pass according to his Will or under the intestacy rules if he did not have a Will. It does not pass automatically to your mother/father like it would have done if they held their interests as Joint Tenants.

 

To update the register of the property the person who inherits your brother's estates will have to apply for and obtain a grant of probate. This is required in order to transfer the property in to the name of the person inheriting your brother's estate. Info here:-

http://www.direct.gov.uk/en/Governmentcitizensandrights/Death/Preparation/DG_10029799

 

 

If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question.

 

I will answer your follow up questions you may have.


Kind regards,


Tom

Customer: replied 5 years ago.

Hi Tom,

Thank you for your prompt reply,I apologise for being so ignorant,but I don't understand the above.

Does this mean,that my brothers wife,inherits half of the property,and my parents the other half? or is this decided by the court?

 

Expert:  Thomas replied 5 years ago.

Hi,


Did you brother leave a Will?


Tom

Customer: replied 5 years ago.

Hi,

 

No

 

Jay

Expert:  Thomas replied 5 years ago.

Hi,


Did he have any children?

Tom

Customer: replied 5 years ago.

Hi

Yes two aged 16 and 12

Expert:  Thomas replied 5 years ago.

Hi,

 

In that case then the his personal posessions and the first £250, 000.00 would pass to his wife. Anything over £250k would be split in two, with the first half again going to his with and the remaining half being held for his chlidren but with his wife receiving the income from the amount until she dies (when it would then pass to the children.

 

If his estate (including the house) was less than £250k then his interest in the house would be included in this and would pass to his wife. Once she had the grant of probate she could apply to be replaced on the legal title in place of your brother. So, there would be your father and mother and brother's wife on the title.

Because the interests were held as tenants in common your parents are not entitled to receive your brother's share of the property or any other part of his estate


Please click accept.

Tom

Customer: replied 5 years ago.

Hi Tom,

So does this mean that mother and father still have their share in this property,same as before my brother passed away and does his wife have the same share as my brother did?

If so how would the shares be split?

 

 

Jay

Expert:  Thomas replied 5 years ago.

Hi Jay,


Yes, that's correct. Your mother/father have the same shares as they did before, your brother's wife is now entitled to his share.


IN the absence of any express agreement to the contrary, each party has an equal share in the property. So unless they agreed otherwise each party has 1/3.


Please click accept.


Kind regads,

Tom

Customer: replied 5 years ago.
thanks.
Expert:  Thomas replied 5 years ago.

Jay,

 

Please click accept otherwise I do not get rewarded for my time. .


Tom

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