Family home + no will + share

[BazzaS]

Was there a deed of variation?

Where is your inheritance?

[honeybee13]

Here's a link for ordering a copy of a will online, cost £10. When I did this it took a few days to be released, but then I could view the will online.

 

https://www.gov.uk/search-will-probate

 

HB

[Haunter]

What did the contents of the Will say, and what does the Deed of variation say? I know you said you didn't sign it.

 

Haunter

[BazzaS]

Here's a link for ordering a copy of a will online, cost £10. When I did this it took a few days to be released, but then I could view the will online.

 

https://www.gov.uk/search-will-probate

 

HB

 

If there was a deed of variation, what that says becomes more important than what the original will said......

 

OP, are you SURE your brother (or anyone else) didn't get you to sign anything (any papers at all, even apparently unconnected) around the time of the "all the mortgage will need to be in my name")?

 

Have you been paying any rent? (After all, the house should be 50% yours, but also 50% his.......)

Anything towards the mortgage??

If so, do you have receipts / proof?

[honeybee13]

If there was a deed of variation, what that says becomes more important than what the original will said......

 

I agree, but the will could still help with the paper trail possibly.

 

HB

[philmycoke]

1. we dont know about deeds of variation. i never touched anything.

2. i did not sign anything and orginal solictor says they did no further work. no title or deeds of variation work. someone else did.

3. no i have not being paying rent. for many years before my mother died i did pay 100% of the mortgage for about 6 years. more or less 100% of my income went to the mortgage. directr debts.

 

other main reason is, he had full control of the paperwork and he remortgaged the house, telling my mom everything was "ours" etc and he purchased 2 properties and i have not seen a single penny from them.

 

i was under the assumption that £700 was my share, which was being used up as my contribution.

 

since my mother died i have not paid anything and i live in the house. upto now he was under moral or other wise burden not to do anything. now the scheming has begun.

[honeybee13]

This is really hard to unravel on an open forum when we haven't seen any paperwork.

 

At this stage, I think you're better off having a face to face meeting with a probate lawyer, taking along whatever paperwork you have.

 

HB

[Haunter]

Who did this Deed of variation then?

 

Haunter

 

Have you got a copy of this Deed of variation, if so, what exactly does it say please?

 

Haunter

[philmycoke]

Thank you.

 

This deed of variation no one knows who did it. original solictor just did probate and sent me the letter which i never touched. no further work. title change was done by another firm and deeds of variation no one knows.

[BazzaS]

The firm who did the conveyancing would have needed to see how your brother was entitled to claim clear title.

 

Getting the deeds rather than just the entry of the title register might help.

https://www.gov.uk/get-information-about-property-and-land/copies-of-deeds

[philmycoke]

this may sound stupid i got a gut feeling i can do most of the research right.

 

can someone please list for me all the things i need to find out.

 

so far i have the will, some kind of titles page, letter from solictor.

 

i am thinking something from HM registyry, grants of probate.

 

Also can i "register" an intrest to the property via land resigostry so if its sold... the solictor would need me to remove it before its old and then i can say i want 50%. my proof will be the will etc.

[BazzaS]

Also can i "register" an intrest to the property via land resigostry so if its sold... the solictor would need me to remove it before its old and then i can say i want 50%. my proof will be the will etc.

 

I can't see that you could do so (without your brother agreeing it), unless you had a court order granting you your 50%

[philmycoke]

bro i am still a beninfisery or what ever the term is. i have never ever signed anything even to do with the will. nothing. hell i dont even know what grant of probate is and i am the exectutor and sole benifisisery or something.

 

chrsit i hope this dose not cost me too much. i am poor.

 

all i can do is hope and pray.

 

please bazza, which doucments can i get by myself? regarding the estate and will. let me do some homework for the solicitor at some point, trying to save cost.

 

also when i get them, can i show them to someone here?

 

Ali

[honeybee13]

Hi Ali.

 

I posted a link higher up the thread where you can get a copy of probate for £10 from the government website.

 

If I may say, please try to slow down a bit and take this a step at a time. We'll help you.

 

HB

[Haunter]

Alright phil, from what you say, something very dodgy has gone on in your late mother's estate, and it quite possibly be a serious fraud by your brother!

 

You're the executor and sole beneficiary under the Will, you are the person who should have been given Grant of Probate, as only you can carry out the administration work involved in the estate, unless you appoint someone else to do the administration.

 

What exactly is your brother up to? What would happen if you confronted him directly?

 

You have a copy of the Will, you know that your brother is title owner of the home, you have a copy of this Deed of variation, you can get a copy of the Grant of Probate as it is a Public document, I think you need to establish how this Deed of variation was made because only the beneficiaries under the Will can change something, but this must be by their express consent!

 

Haunter

[Ganymede]

I can't see that you could do so (without your brother agreeing it), unless you had a court order granting you your 50%

 

 

The OP could try to register a Unilateral Notice on the property, but he's best taking formal legal advice before doing so.

 

 

 

 

https://www.gov.uk/government/publications/notices-restrictions-and-the-protection-of-third-party-interests-in-the-register/practice-guide-19-notices-restrictions-and-the-protection-of-third-party-interests-in-the-register#notices

[philmycoke]

I am going to fact find. get all my paperwork including the things i need to order.

 

I will read through this thread again, i will try to get all i can then visit a local cheap solictor to see where i stand.

 

i feel maybe i can register an intrest in the property to prevent sale some kind of junction. as i have a benificaery intrest or something.

 

all i know is. after giving the payment i had not seen or done anything and i did not need to. no need to remortage, no need to release equaity, no need to leave home etc or need for large amounts of money.

 

the signutre on one of the letters the solcitor gave me 2 weeks ago or so is not mine.

 

anyone know which kind of solictor i need?

 

Ali

[Haunter]

You need a solicitor who is experienced in probate and inheritance law, this will cost you somewhere in the region of £220+ per hour!

 

Haunter

[determindator]

Maybe an idea to visit your local Citizens Advice Bureau make an appointment with a solicitor there who can guide you. They may even have the resources to assist further. If you haven't signed a deed of variation as said that's fraud. Take all the docs you have with you. Glad you have fighting spirit.

[philmycoke]

I have the will. i am the exector.

I have grant of probate it is under my name.

I have the deeds of variation. the sigature, date writing is not mine. FURTHER more the "witness" to both the signatures say he did not know. Tonight i will show him the copy to 100% confirm if it is him or not.

I do not have the avidavitt which the solictor discuessed with me. I think that is what my brother would of showen the soloctor who made the deeds.

once my brother had the "signature" he then had the title change. in the deeds the tick is on the box "full title entitlment"

 

Now what do i do?

 

Ali

[BazzaS]

How did you get the deed of variation?

What does it state?

 

 

You’ve previously said the solicitor who did the probate didn’t do the deed of variation.... is that still correct?

Who did??

 

What do you mean by “the ‘witness’ to both the signatures says he did not know” (didn’t know what?!)

 

Does anyone else feel this is “like pulling teeth”?

[philmycoke]

Your theeth are safe.

 

1. TR1 Transfer whole of title document has my signature, witness to the signature and my brothers. THAT IS NOT MY SIGNATURE and the witness says he did not sign anything for anyone. Tonight i will show him the copy.

2. Deed of variation is NOT with me. I was refering to the TR1 doucment which says deed 3 million times.

3. Deed of variation must be the aviddavitt the probate solictor keeps saying i signed and returned to her.

 

so to my stupid mind the following happened.

 

1. i paid the solcitor and got the grants of probate. which i never saw or touch.

2. then my brother asked the solictor to write the deeds / avidavid and signed it.

3. solcitor then writes a letter to me, which i never touched or signed.

4. different solcitor then took the above doucments and got the TR1.

5. my brother then faked witness and my signatures.

6. then doucments were submitted to the bank or mortgage solcitor who then changed the titles to his name beacuse of all the above.

[BazzaS]

I have the deeds of variation. the sigature, date writing is not mine.

 

Yet, you now say:

 

2. Deed of variation is NOT with me. I was refering to the TR1 doucment which says deed 3 million times.

3. Deed of variation must be the aviddavitt the probate solictor keeps saying i signed and returned to her.

 

You don’t really know that (3), do you?

 

After all, 2 days ago you were saying the solicitor who did the initial probate hadn’t done the deed of variation.

 

This deed of variation no one knows who did it. original solictor just did probate and sent me the letter which i never touched. no further work. title change was done by another firm and deeds of variation no one knows.

 

So, if the solicitor who did the probate has now given you a copy of the deed of variation : post it up (suitably redacted).

If you don’t have the deed of variation : stop making things up - it doesn’t help people to help you.

[philmycoke]

You sound more stressed then i am.

 

Deeds of variation i was thinking was a form then this and that. NOW my conclusion is from this puzzle only thing missing is the avidavitt which would of said "Ali dose not want his inherertance". unless it is an document, correct me as to what it is.

 

okay i will.

 

Ali

[BazzaS]

the aviddavitt the probate solictor keeps saying i signed and returned to her.

 

Have you asked for a copy of this? If not, why not?

If so, what does it say?