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  1. My brother and I are joint executors of my mothers estate. She willed her property to us and we have received probate for the estate. My brother wishes to purchase the property (which has no outstanding mortgage) and we have agreed the sum for purchase. The property deeds are in the possession of my brother. Can he buy the property without having to transfer it into our joint names before transferring it into his name. I am prepared to sign to acknowledge the situation. Do we need to involve a solicitor to effect the conveyancing. Regards Morgansbobi
  2. My grandfather died approximately 20 years ago, I have located his will and probate which passed the property he owned to his wife and then following his wifes death to his daughter- (who is my mother). She is now 75 on checking all the documents for the property its still in my grandfathers name and has never been transferred she has all the title deeds so I assume it is not registered with the land registry as the house was a self build from my grandfather, I have a document registering the land but not the property. can anyone advise ? Should I initially get all the deeds and get the property registered with land registry and what will happen with the missed transfers my mother does not seem worried but if anything happens to her I would like to be prepared and get it all in her name now any advise appreciated I can not afford a high legal bill so would like to tackle this myself. The estates of all people involved would be well below the threshold for inheritance tax. Also I have the will /probate of my grandmother leaving her estate to my mom
  3. Hello, I got a divorce in 1996, and during the proceedings I was awarded a charge over a property (50%) to be realised on the death of my mother in law, who lived in the property at the time, she passed away last year and my ex husband will not accept any offers made on the house, which he has to deal with as part of his mothers estate. I just wanted to know what ways I can enforce this charge, and what type of charge it is, it was created by deed but through divorce proceedings. any info is much appreciated. Thanks!
  4. I was wondering if someone could help me with an issue regarding a will? My grandfather passed away 9 years ago, leaving in his will, his share and interest in his property to his children, but giving a life interest to his widow ( 2nd marriage). The property was in his sole name when he died, yet there is a severance of a joint tenancy ( between grandfather and 2nd wife) that was drawn up several years before he died: the property was never held jointly, and remained in his sole name up to the point of his death. The children, were my mother and her half brother ( adopted): unfortunately the brother died in the same year as my grandfather made his will , but the will then stipulated if either child died, then their children would then take the parents share...still with me? However, when grandfather died, my cousins were not informed of their benefit from the will: and it appears that the executor ( the widow) decided that my uncle was no eligible as he was adopted, and decided to ignore that side of the family! Instead, she with her solicitors , drew up an assent that then put the property into hers and my mothers names only: neither cousin was informed of this. The solicitors have now admitted that this assent was wrong. I do have a solicitor working on this case for me, but I have a couple of questions that I can't seem to get a satisfactory answer to 1) when should my cousins have been informed of their benefit: we have been told they weren't told because of the life interest of the widow. no documentation refers to my uncle at all, and yet my was mother was informed, yet she would not benefit until the widow had passed away also. 2) the widow is about to take us to court to get her right of ownership...but from the evidence it appears that she was never on any mortgage , or ever on the title deeds, all she has is the severance notice. Is this notice actually valid at all? 3) do we have any course of action we could take against her , failing in her duties as the executor, I believe this is legally termed as devastavit Any help or advise would be eagerly taken:smile: sorry if i've put this on the wrong forum, but this is my first post on here Also, one last thing, not sure if it is relevant or not: the property was actually build by my great grandfather and grandfather: we have the original conveyance of the land to my grandfather
  5. I wonder if someone can help me. I am currently the co-owner as tenants-in-common, of a 3-bedroom house. I have the smaller share, though still a good chunk. It is mortgage free. Neither of us live there and it was being used for holiday-lets but this is no longer the case, as, among other reasons, it needs some updating. The problem is that my co-owner, a relative, is impossible to work with as a partner. He’s had complete control of the accounts from the beginning and refuses to let me see them. I know that the property had a considerable amount of income when it was being used as a holiday let, (mostly through an agent, so there is paperwork) but I have no idea what has happened to this money. He keeps demanding payment towards utility bills and for remedial works to the adjoining barn (which was supposed to have been funded by the aforementioned lettings income) but as he refuses to say what he’s done with the profits, I am unwilling to hand over any of my own money. I know I am entitled to complete disclosure but he is deliberately keeping the accounts from me. He says they are none of my business since I pay nothing towards utilities. Some time ago he started working on renovating the adjoining barn. I had explicitly asked to be consulted beforehand and kept informed of any costs and developments along the way but he ignored this request completely and went ahead anyway, so I had no chance to agree or disagree to anything. I also insisted that we meet to put together a declaration of interests but he refused this also. He now wants to buy my share but is offering what I see as an unfair sum. He is demanding payment for his labour and now states that he has spent nearly £20k of his own money and wants this back. I have told him that I am unhappy to pay for his labour as this was never agreed, but that I will pay my share of the costs as long as he can prove that he has paid for them out of his own pocket. He has sent me lots of receipts and invoices but no incomings (I know the house was being rented out for some time and we are talking over £20k in holiday let income) so I still do not know whether he has paid anything out of his own pocket. He is in fact refusing to show me any incomings or proof of whether it was declared to the tax office, which I strongly suspect it was not. He has bombarded me with various letters and threats, stating that I have shown no interest in the property (not true, but made very difficult by his constant lack of communication, refusal to answer questions, etc) and that I must sell him my share and at his price. He has contacted a solicitor who has also sent me a letter and threatened me with court action for forcing a sale. He states that his business interests have increased since he has spent his own money on the place. I would sell my share to him but I want a lot more than he is offering. I suggested that we get three estate agents to provide valuations for the property and go from there, which he did do, but the figures that came back I feel are all rather low and he has taken their absolute bottom valuations and given me the average. I would be happier to place the house on the open market at their top valuations and go from there but he does not want this to happen. He wants my share. I know that now is not a great time to sell but he is trying to bully me into selling to him. The main question I have is whether he has a legal leg to stand on as such. As far as I am aware, if we did not put together a declaration of interests, as I suggested, then our stakes do not alter and it would take a lot for him to prove otherwise. Things have become very nasty and he is behaving as if he owns the place. He has even gone so far as to threaten that he will call the police on me if I go there. I'd be grateful for any informed thoughts.
  6. Hi everyone, long time lurker here. I have a question and I'd be grateful for any advice. The scenario is: two sisters, Sally and Jane (not their real names and their words are spoken by an actor). They have inherited a property, and own it as Tenants in Common, with Sally owning the greater share. Sally has offered to buy Jane's share and Jane is fine with that - all good so far. However, Jane wants to, kindly, give (not sell - give) her share to a half-sister, Mary, (who was not a beneficiary of the Will) as Jane already has a home of her own and Mary has not. Would it be better for Jane to transfer her share of the property to Mary before Sally buys it (and then for Sally to buy it from Mary) or for the sale to go through, and for Jane to then give Mary the money. We are wondering if there are any tax implications, or anything else we may not have thought of. Any advice or experience much appreciated.
  7. Hi Thanks in advance for any help. I lent someone a large some of money with a written contract in place which shows that he agreed to pay back the amount when he sold his property. I have only just learnt that he is now at the very tale-end of the sale and that he is likely to receive payment in as little as a week. I contacted him and he told me that he will not be paying me as agreed and that he will pay me later. What can I do? Is there any way that I can 'intercept' the sale so that, for example, the proceeds of the sale are awarded to me OR at least 'frozen' until this dispute is settled? Because the sale is fairly imminent and, as a consequence, he will receive the money shortly (possibly as soon as a week), what urgent action can I take NOW to stop him receiving the money until at least a court or whatever can decide the case? For example, can I get a solicitor to apply for an immediate court order that will/can react quick enough to stop the received funds from going to him before this dispute is resolved? Because I have only just learnt that he is selling the house, there is no CCJ in place or applied for as yet. Many thanks, David
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