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23/10/2011 19:53:46 chin00k47 Posts: 1	My neighbour wants to leave me his house in his will. However his mum died 10+ years ago without a will (father already dead) and he never went through any probate process. He has no brothers or sisters and only a few distant relatives (cousins). 1. Can he actually leave me his house if it was never transferred legally to his name?. 2. Do his cousins have first claims as he never went through probate? 3. Is it to late for him to go to probate or whatever he needs to do to get the house in his name? His attitude is "I have the deeds and therefore I can do what I want" and I simply do not know if this is correct? Help please for his sake, I don't really care if he leaves me the house but do not want the government to get their hands on it!!! How much is it in general terms to correct his mistake?
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24/10/2011 14:05:44 www.clicklegalservices.co.uk Administrator Posts: 374	It seems likely that he is the sole beneficiary of his late mother's estate under the intestacy rules. How the mechanics of how the title to the house passes, is difficult to explain without sight of the title deeds. It could be that his mother and father held as "joint tenants", or "beneficially" - if the latter, the property would have passed automatically to the mother on the death of the father. If the former, the property would itself have passed at the time according to the intestacy rules (assuming the father had not made a will either). The father could have owned outright and he may or may not have made a will. Someone will need to look at all the title deeds, establish the "chain" and the authority from father/father and mother, to son, to you, and that may be more easily done and sorted now, rather than later. It will take some time simply getting to the bottom of what is needed, before actually carrying out what is then needed. Without his leaving in his Will you certainly will not be entitled to anything. I think someone needs to spend some money to regularise matters and sort things out, otherwise, the intestacy rules apply and in default, the government will take as bona vacantia.
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