On Jan 31, 11:32 am, Alan <a...@b.com> wrote:

> My parents purchased their current matrimonial home (worth currently
> circa =A3250k)in 1966 and have lived in it ever since. The title is
> unregistered, the property specified to be held as Joint Tenants in the
> original conveyance document.
> 
> Three years ago with an eye to the grasping tentacles of a certain Mr G
> Brown they took the decision to sever the Joint Tenancy (JT) and agreed
> that the property would thereafter be held in 50% shares as Tenants in
> Common. The JT was severed by means of a letter sent from my mother to
> my father and acknowledged by my father. There was no third party witness.

The issue would be whether those who have an interest in the property
will accept the exchange of letters as a legally valid means of
changing ownership status, as this would usually be done by deed.

To start with if the property was mortgaged, the mortgagee may require
his or her consent for any change of ownership status and the deed (or
letters if valid) effecting this would be added to the stack of deeds
for the property.  Assuming no mortgage or the mortgagee gives
retrospective consent, then the issue is whether the land registrar
will accept them when bringing the land on to the register (if this
needs to be done).  Even if the land is not on the register, perhaps
the letters (if valid) needed to have been presented to a deeds
registrar if this is a requirement.

If the Tenancy in Common letters is to the detriment to some
beneficiaries, they could try and get the letters 'invalidated'.
Another interested party is the Revenue, they may have a similar
motive.

If as an executor you may be potentially liable to someone if you
'respect' the letters or may be potentially liable to another if you
ignore them, you may need to ask the judge to sort it out when
obtaining probate - you would almost certainly need a lawyer for this.

I think I am correct in general, but of course I risk being 'flamed'
for any misinterpretations of the law - so do not take this as carved
in stone - it is merely intended to give some indication of the
situation.  I am in particular ignorant of precise 'revenue'
implications.

Unfortunately, while your parents may have saved a quid or two by not
getting a solicitor to draft up a proper deed at the time (and deal
with any 'revenue' matters of concern at the time including stamp duty
perhaps), the chickens are now potentially coming home to roost.  If
you are lucky, your solicitor may be able to pull the whole lot
together without too much trouble, especially if all beneficiaries or
potential beneficiaries are happy to go along with things and not
squabble.  If you are not so lucky, the lawyers may enjoy a bit of
feasting at the estate's expense.