IHT

[Dev_1]

Hello,

Thanks for reading.

Hopefully someone can assist with the below query.

1: - Rental property held in father & mothers name purchased - 1998 for £146,000
2: - Father passes away in 2006
3: - Solicitor completes return of estate form, states property passed through survivorship on form. This was the same solicitor who in fact did the legal work when the property was purchased by my mother & father.
4: - From submitted and no INT to pay, nil rate threshold remaining of about £80,000

5: - In 2009 we found out that land registry still had my fathers name of title register.
6: - I submitted a copy of death certificate and my father name was removed.

7: - In 2016 we re-mortgaged the said property and solicitors (different one to previous on) said that there was a restriction on the title for no sole disposition, however my mother was shown as the only person listed on the title.
8: - Solicitor forwarded a declaration of trust which mother signed and returned, restriction was removed.

The previous solicitor is not able to shed any light to what has happened and no longer has any paperwork. if we do speak to land registry what should be ask them to show us?.
We would like to find out only because on the return of estate form the solicitor wrote that this property passed through survivorship to mother.

My father did not have a will, letter of adminstaration were compelted by my mother, myself and my sister.
Eventually at the time of death we signed everything over to my mother.

I just need to figure out where i go with this now?.

Thank you again
Dev

[maths]

I don't see any problems.

It would seem that father and mother owned the property as beneficial joint tenants so on father's death both legal title and equitable ownership automatically passed to mother.

On production of the death certificate of father to LR his name would be removed from the legal title. It would then appear that the Restriction was also removed.

Currently mother is the sole owner of the property and thus falls into her estate should she die.

If you want to check the information LR holds this can be done over the internet for a small fee.
You need, it seems, to have sight of the Property Register, Proprietorship Register and the Charges Register (all of which will appear on a couple of shotes of paper).

[Dev_1]

Hi,

Thanks for your reply.

I have spoken to the land registry this morning and hopefully they will be able to find the details of the sale deed at the point of purchase in 1998.

I am not sure if I explained it properly, the property appears that it was owned as tenants in common by parents when first purchased.
Father passes away without a will and solicitors completes letters of administration.

My mum, sister & I sign all dads estate to mum, I think this was done through a assent.
A few years pass and we notice that dads name was still on title register, I then forward death certificate and they remove dads leaving mothers alone.
In 2016 we re-mortgage and then find the restriction still there.
Solicitor at point of re-mortgage then sends a declaration, mums signs and sends back restriction removed.

The restriction was listed at the same time when the property was purchased in 1998, it doesn't appear that it was when the estate was being dealt with and it was placed on their whilst all the legal work was being completed.

I am just interested to know whats happened and hows it happened.

The chap from the land registry said that he would not be able to say why it was done like that in 1998, but he will be able to cheek the sale deed? and see if the tenants in common was for equal shares i.e 50/50 or unequal shares between my parents.

If my father was advised by the solicitor at the time of purchase to own the property like that so my sister and I would be protected it something was to happen to him as it was an investment property then it would surely have made sense to have a will which he didn't. Just trying to figure out whats happened and why, slightly difficult.

Thanks