hobbes79

I have a slightly off topic question, but perhaps UK folks have dealt with a similar situation when it comes to aging parents.

My father passed away about 18-months ago. My parents owned a rental property in "tenants in common". My mother would like to give this house to me at this point, for which I'm very grateful.

But she's been advised by her solicitor that since it's "tenants in common" and my father clearly isn't around to facilitate the transfer, the solicitor is saying they need a second person (anyone with a pulse presumably) to do it as she cannot do it alone now. They've suggested my brother.

All that just seems a bit absurd. I don't entirely see why the second random person can't just be me. Wonder is anyone has insight or similar experience.

Bink

Sorry to hear about your father.

Did your father have a will stating who his share would pass to? When a property is held as tenants in common as opposed to joint tenants, when one of the owners dies, their share passes on to their heir or whomever they decreed in a will.

I'm guessing both you and your brother (and any other sibling) both (all) have a legal entitlement to your fathers share (unless otherwise as per a will) but I don't understand why you couldn't take ownership of his share unless it is contested.

EDIT: I find the comment from the solicitor that any person can facilitate it to be odd though. That doesn't make sense to me - I thought that was the whole point in having Tenants in common so that it passed to an heir. If it had been signed as joint tenants, it would have automatically passed to your Mother. It's slightly odd that it wasn't done in that way (joint tenants) for a married couple.