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Will Executors And Solicitor

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Plumpie | 17:49 Sat 13th Apr 2019 | Law
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Hi my partner died a couple of years ago we bought our house together I thought I had liferent interest in the property but the executors said I did not and I had to give them the money or sell my home as the property would have to go into the assets to be shared out to the beneficiaries they had evidence from the land registry I believed what they told me so planned to let them take my share of money out of my inheritance. I asked my solicitor to oversee the transfer to make sure I got my house their solicitor said I didn't need a solicitor as it was just an extra cost. My solicitor came back to me and told me we were infact joint tenants therefore the house was mine from the day my partner died and I didn't owe them any money they are now saying that as I didn't know the conveyensor didn't do their job right so I still owe them the money out of my share they have been difficult from the start and won't let me have anything unless I agree their terms

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They CAN'T 'transfer' the house to you because you ALREADY own it! All you have to is to get hold of a copy of your partner's death certificate. If you've not already got a copy you can order one for £14 (including a £3 search fee) from here: https://www.gov.uk/order-copy-birth-death-marriage-certificate Then you need to print out and fill in this form:...
21:39 Fri 19th Apr 2019
You keep asking questions and you will get the same answer. Go and get proper legal advice.
. . . some punctuation might help too!

However the very first thing to do is to check the all-important vital fact for yourself. Download a copy of the title register for the property from here:
https://eservices.landregistry.gov.uk/eservices/FindAProperty/view/QuickEnquiryInit.do

Look for the following wording on the title register:
"No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court"

You're hoping NOT to see that wording. As long as it's not there you and your partner were joint tenants and you now automatically own the whole of the property (with no 'transfer' necessary).

If the wording DOES appear then you were tenants in common and the executors of your partner's will MUST give his share of the house to whomever he left it to unless you reach an agreement with them to buy that share of the house so that the beneficiary can receive the money without needing to force a sale.
Question Author
That is because I took your previous advice and approached about 4 different companies in their turn and nobody would help me nobody ever came back to me I just hit a brick wall unless I do as they say and pay for a house it turns out I already own but they didn't tell me
If you have a solicitor and the your solicitor feels you now own the house then let your solicitor sort it out
That is because I took your previous advice and approached about 4 different companies in their turn and nobody would help me nobody ever came back to me Plumpo above

You would have been the first we think Plumpo to take AB advice.
and notwithstanding the label above - watch out they are all bullshotters, we do like feedback and I felt bad at your reproof - you have lost money etc....

You have posted around 5 questions on the same thing. One was labelled by you "tenants in common" and you got a standard answer on that one. You also mentioned a life interest and you got answer on that

a lwyer in disguise who specialises in this even wrote

//You need advice, Plumpie. If there was a Declaration of Trust (an "acknowledgement" wont be enough) unless there are debts which means it has to be sold you cant be forced. Please take advice asap.//

You state you approached four and no one replied
I usually approach one with the magic words - new business - and they come back hungry and panting and their first words are £200 - 400 /h

I think ( but o god you know now I am not Mytic Meg) that you were joint tenants and the will didnt mention this - strange but perhaps he did and tried to leave the jointure to some other people (he cant by will by the way)
and when they came to sell - two years later they found they couldnt

it is normal for you to pay your own lawyers bill
and since you were right not someone elses

and as for - the conveyancer didnt do his job right
oo-er it sounds to me ( but I am deaf) like a title dispute and you really do need a lawyer - but you know I cd be wrong

I mean your lawyer must know they cant put a lien on a property they have no interest in - the joint property passes to you outside of the will ....

unless you are doing this yourself
in which case as Barmaid says you need a lawyer

Land reg title search is £3 by the way - did it myself a few weeks ago
Question Author
Thank you all for your help I was infact led down the wrong path by the executors and their solicitor. I have since found out we were joint tenants and the house became mine when my partner died. They have refused to send in the death certificate and transfer my house to me unless I give sign over my inheritance money. So the threats go on based on my original ignorance of the situation
They CAN'T 'transfer' the house to you because you ALREADY own it!

All you have to is to get hold of a copy of your partner's death certificate. If you've not already got a copy you can order one for £14 (including a £3 search fee) from here:
https://www.gov.uk/order-copy-birth-death-marriage-certificate

Then you need to print out and fill in this form:
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/724889/DJP__2018-05-25_.pdf
(In Section 4 tick 'A' and ignore the rest. In Section 7 tick 'A' and complete 'C')

Send the form, together with the death certificate, to the PO Box 74 address shown near to the bottom left. (There's no fee to pay).

The Land Registry will then update their records so that you're shown as the sole owner of the property.

Job done!
Executors don't usually have the discretion to alter the terms of a will. They must follow it
they must follow it if they can bedknobs. They can't distribute stuff that wasn't owned by the testator at time of death, or which automatically should pass to someone when the testator dies and therefore does not form part of the estate.
I think there must be something tat we or plumpie are fundamentally misunderstanding about this situation. Have you actally looked at the wI'll plumpie?
bedknobs, the OP has been told to get proper legal advice which they may or may not have done, even that is not clear.....

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