Life share ending, how does property pass to the rest of the family

B

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Child allowed live in house unless she married and is now in home with Dementia. So marriage will never happen. The house then goes to the siblings. One of the siblings has put a lock on the entrance but won't give anyone a key. Does he have the right to do this. Would it be illegal to unlock it and put a new lock and give all siblings access. Would the exectutor have superior rights here.

The original probate was done many years ago. How does this property now pass to the siblings when the one with dementia dies. Is it automatic. Or does one again need to get go to probate?
 
Aren't families wonderful!

No, the one sibling has no right to do what he has done. But there will be some reason put forward as to why he did it. It will all get very tit for tat if someone else puts a new lock on, unless they all agreed to something.

Technically, that life interest endures until the person dies. Someone who is Compos Mentis would waive their life interest . The person could be made a Ward of Court and orders sought if necessary.

When she dies, the Death Certificate is all that will be required.

mf
 
Locks are already changed and all siblings now have access.

Nobody is in any hurry with this so when the person with the life interest dies all that is required is a death certificate. But who will sell the property and distribute the proceeds? Is it not the original executor?

Thanks very much for your help on this and the other threads MF.
 
"But who will sell the property and distribute the proceeds? Is it not the original executor?"

Yes that is what will happen.

mf
 
Is it a life interest though? From the original post it sounds more like a burden on title. That could mean that all the siblings are actually registered owners already with a burden on the title in favour of the lady in question. So as to whether the executor sells, or whether it is actually all the siblings is in question. You'd need to have a look at the title ( if registered this is easy) or consult the original solicitor who dealt with it.
 
If it's a life estate, the person no longer has a legal estate in the property and it is now locked up in a trust because of the Land and Conveyancing Law Reform Act 20098, and trustees will need to be appointed (See Section 19 setting out who the trustees are in certain circumstances). Who is to get the property has already been determined at the start if it's a life estate, and the trustees would transfer the property to the new owner.

If it's a right of residence, then her death certificate would be enough to cancel the burden.

It's one to get competent legal advice on.
 
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