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Aston Lawyer
Aston Lawyer, Property Solicitor
Category: UK Property Law
Satisfied Customers: 10176
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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My mother died in jan 2015 and my sister has a copy of the

Customer Question

My mother died in jan 2015 and my sister has a copy of the will my mother signed half of the house in 2008 to my sister and brother in law they are selling the house. What can I do can I get a copy.
Submitted: 1 year ago.
Category: UK Property Law
Expert:  Aston Lawyer replied 1 year ago.

Hello and thanks for you using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

Could you clarify whether your Mother signed over half of the house during her lifetime to your sister and brother in law, or were they given it under her Will which was dated in 2008?

Do you know who inherits the other half of the house?

Al

Customer: replied 1 year ago.
My mother signed over half the house in 2008 to my sister and brother in law according to the land registry the other half is owned by my mother who died in jan 2015 I don't know wether my mother left the other half to them in the will because I have not seen the will
Expert:  Aston Lawyer replied 1 year ago.

Hi Philip,

Thanks for your reply.

You can obtain a copy of the Will from Leeds Probate Registry, IF Probate has been granted.

Probate is required if a deceased left over £5,000 or owned a property.

Here is the link to do the necessary search- https://www.gov.uk/wills-probate-inheritance/searching-for-probate-records

On a side point- depending on how your Mother was holding the property with your sister and brother in law, may mean the whole of the property has passed to your sister and brother in law upon your Mother's death. This will be the case if all 3 of them were holding the property as Joint Tenants.

The other way that property can be held is as "Tenants in common" which means each of them owned a separate share in the property. If the property was being held in this manner, there will be a Restriction in the Proprietorship Register saying "no disposition by a sole proprietor is permitted otherwise by an order of the COurt" or words to that effect.

If there is no such Restriction, then the parties were holding the property as Joint tenants, which means that upon your Mother's death, the property passes automatically to your sister and brother in law (like a joint bank account) and your Mother's share of the proeprty does NOT form part of her Estate.

I hope this assists and sets out the legal position.

If I have helped, I would be grateful if you could rate my answer.

Kind Regards

Al

Expert:  Aston Lawyer replied 1 year ago.

Hi Philip,

Can I assist you any further?

Kind Regards

Al

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