Father left house in will but it is registered in mothers name

E

EllieF

Registered User
Messages
5
My father made a will a about a month ago in relation to two houses which he left to his children. At the time of the he making of the will the houses were in my mothers name and unfortunately he died prematurely and before the houses were transferred into his name with the consent of my mother and so the houses remain in her name although that was not their intention, Is there anything which can be done at this stage? I am grateful for any replies.
 
The houses are in your mother's name & as such it is purely her choice as to how she wishes to deal with same
 
Denise thank you for that. Just to clarify, my father built the house, it was never registered and the site is in my mothers name. My mother's intention had been to transfer the land to my fathers name in order that he could register it and he could could will it to his sons. He died before this could be done. She would still like to do this. Can it be done now or is it too late?
Is the will bequest valid if the property is unregistered and site us in another name?
Thanks
 
Last edited:
Sorry for your loss.

So now your mother ownes two houses which she wants to gift to children.

Were your parents married/ separated/ divorced. Are both parents the same for both children ?

Why did the houses have to be transferred to the father to be gifted to the children?
 
Thanks Joe. They were married. Same parents. Their intention was that the houses should pass by will to their two sons. This is in my fathers will where he names the houses and the beneficiaries. However, they built the houses a number of years ago and the houses were never registered. The line which they were built on was registered to my mother.
 
You need to talk to your solicitor.

I'd imagine in the absence of anything to the contry the houses belong to your mother or Perhaps jointly to your mother and father which may involve probate.

But now to your mother alone.

She can if she so wishes gift them to her children. There will be an exposure to CGT and possibly CAT depending on the values.
 
You must log in or register to reply here.
Back
Top