Tenants in common

[Mernagh]

My husband's parents died in July 2005 intestate. The title deeds were drawn up as a tenants in common title whereupon the names of both my parents and my half brother are named on the title deeds. I was the executor of my father's estate and my half brother and I agreed that the monies held in my father's name (this was not my half brother's father) would be shared equally and the title deeds changed to my and my brother's name. This agreement is stated in a letter from the original Solicitor who unfortunately were closed down by the Law Society for malpractice. A cheque for �8,000 was issued to my half brother. 2 years have now passed with constant communication with my half brother. I employed the services of a Licensed Conveyancer, who I have just paid the sum of �700 plus for fees. My brother informed me 3 months ago that he now has no intention of carrying out the agreement regarding the title deeds being transferred to mine and his name. The Licensed Conveyancer was not able to help in this situation nor was another Solicitor I sought advice from on a free consultation basis. I would be very grateful for any advice as my brother has renaged on the agreement made between and I believe received the �8,000 under false pretences.

[themas]

1. I'm confused. In some places you refer to half-brother, & in others to brother. Is this the same person? It appears so from the context but I'm not certain.

2. As it was tenants in common your half brother owned a % of the house & the title deeds should have shown what %. The death of your parents did not alter your half brother's ownership of that %. So only the remaining % owned by your parents could be distributed as part of their estates.

3. I assume your mother died first & that your father received her estate under intestacy rules. As he also died intestate his estate has to be distributed under those rules. Is that what the agreement to put your name & your half brother's on the deeds was to implement? If not, what was the purpose of it?

4. What was the �8000 paid for?

5. Whose names is the house in now - are your parents names still on the title?

6. Who is living in the house? You could apply to Court for an order for sale, with the proceeds to be split in accordance with the % owned by your half brother & the intestacy rules.

The above are some of the issues that come to mind. If you can post something clearer it may be possible to give more advice.

[Mernagh]

Reply to Thomas - My parents died in July 2005 intestate, my mother on 11th July and my father on 16th respectively. The title deeds of my parent�s property is a tenants in common title whereupon the names of both my parents and my half brother (from my mother�s first marriage) are named on the title deeds in equal shares, I understand. It was always the understanding between my parents and myself that after their deaths the house would be shared between my half brother and myself. I was the executor of my father's estate and my half brother and I agreed that the monies held in my father's name would be shared equally and the title deeds changed to my and my half brother's name This agreement is stated in a letter from the original Solicitor dealing with the estate and states that the property would not be sold and my half brother would continue to live there. A cheque for �8,000 was issued to my half brother which represented half of the proceeds from my late father�s estate. I employed the services of a Licensed Conveyancer in Swansea and my brother a Solicitor in London. 2 years have now passed during which time I have been in constant communication with my half brother on a very amicable basis and I was always led to believe that the delays were due to paperwork being mislaid etc. My half brother informed me 3 months ago that he now has no intention of carrying out the agreement and that the property is legally his. My Licensed Conveyancer was not able to assist any further due to my half brother�s decision incurring fees of �700 plus. I have since sought the advice of another Solicitor on a free consultation basis and have recently been informed by him that my half brother has no intention of honouring the agreement and that legally there is not a case. I would be very grateful for any advice as my half brother has betrayed me and has renaged on the agreement made between us and I believe received �8,000 under false pretences.

[themas]

2 part post

1. As your parents died within 28 days of each other the intestacy rules deem that they died at exactly the same time. Therefore neither of them could inherit from the other under those rules. As there was no surviving spouse the rules say the children (not step children) of the deceased inherit. Therefore your mother's third of the house was inherited by your half brother (jointly with her other children if she had any). Your father's third was inherited by you (again, jointly with any other children he had). The same applies to the rest of their estates.

2. This should have been clear to the solicitor originally dealing with the estate & should have been spelt out to you. It seems that the letter he wrote was effectively setting out an agreement to vary the intestacy rule terms so that you got half the house instead of a third, & he got half the rest of your father's estate (�8000) instead of none of it (unless the �8000 actually included some of his mother's estate, which he was entitled to the whole of). The agreement was presumably not a signed document but simply recorded in the solicitor's letter. This makes it more difficult to take action against your brother for reneging on it.

3. I do not see how - on the facts you state - your half brother can say "the property is legally his". You own a third of it. If you do not know whose name is now on the title get a copy from land register online. If it is only your half brother you need to register a caution with the land registry (so the house cannot be sold) & find out how your father�s name was removed without yours being substituted. If the solicitor dealing with the estate did this then you may have a negligence claim against him � despite him being struck off. Talk to the Law Society complaints service about this.

[themas]

2nd part

4. The other solicitor has said �legally there is not a case�. I assume he means you do not have a case. Again, on the facts you state I cannot see why. Is there something I have missed? Did he explain why he said it? As I see it, you may not be able to enforce the agreement you made with your half brother but, if it is not to be implemented in full then both your parents� estates need to be distributed in accordance with intestacy rules. It seems this has not been done & it needs to be corrected. I doubt whether you will be able to sort it out without paying for legal advice. The Law Society may be able to give you names of solicitors with experience of disputed intestacy cases

[jessiedog]

Sorry this is late but I think that you own half of the house anyway under the intestacy rules:

Your half-brother owns his third and half his mothers third
You own your fathers third and half your mothers third

This is unless I have misunderstood your outline of the family relationship and there are no other siblings. He is your mothers son but not your fathers son? Was he legally adopted by your father? as this could also change the distribution of the estate.

Best of luck

[themas]

Mernagh

Jessie is right - apologies, I got it wrong. You inherit half your mother's share as well as all your father's share.