hello to the forum, I'm wanting some advice/help. the story is that me and a sibling was left property in a relatives will, but my sibling is the only name gone on to the land registry as i was told it wasn't an issue if only one name was registered, my concern now is by law were does this leave me if me and my sibling have a fall out, I'm named in the will but could he sell with out my permission thanks in advance.

Hi and Welcome to CAG

Why have you not added your name ? was a solicitor involved ?

Was there terms in the will that provided for only your siblings name to be entered ?

How old are you ?

Andy

there was nothing in the will that stated anything about name/names on the land registry only that the estate was to be shared 50/50. i think i convinced myself that it didn't matter whose name was on the L/R as im his next of kin so it would go back to me anyway thats my way of thinking.

no solicitor involved and im late 40,s.

I fear that your sibling could sell the property at any time and keep all of the proceeds. If he were to die, then the property in its entirety would form part of his estate to be distributed in accordance with his will (assuming he has one). In either case, you could be left having to resort to some very expensive legal action to reclaim your inheritance.

Likewise, should you predecease your sibling, the property would not form part of your estate if your name does not appear on the LR paperwork.

I think you need to take some proper, qualified legal advice and get this matter resolved. Who was the executor ?

It may be possible that you could hold the executor liable for any costs and/or losses regarding their lack of foresight.

hi mr p. thanks for that, we were both executors, had i know before hand i would have insisted my name went on as-well, i must sound a right muppet to let this happen, on the other hand if he does do a will and leaves me his estate is that everything back to me. apart from him been able to sell it and keep all proceeds..

we were both executors, had i know before hand i would have insisted my name went on as-well, i must sound a right muppet to let this happen

We all do things that we may later regret. When dealing with a family estate, there is the additional burden of not wanting to cause more upset and grief. So a "muppet", no. Ill informed, perhaps.

If the relationship with your sibling is still good, I'd suggest going back to him, discuss your reservations and get your name added as a tenant in common. Doing so would protect both your and his interests and still allow you to leave your share to whom ever you wanted. Relying on somebody else's will to "do the right thing" is not a good idea. Wills can be changed on a whim or revoked for a number of reasons.

Other scenarios that could see you lose out are: If he is forced in to self funded care. Is subjected to divorce proceedings. Is made bankrupt.

ill wait till things have calmed down and ask for my name to be added, at the moment we do get on,but things change. thank you for your advice means a lot...

Hi.

Were you participating fully as executor or did your sibling do most of the paperwork? Was there a lawyer involved?

HB