Reply To: Legal Owenership

#8710
petedavies
Participant

Sorry but I tyhink a stage is being missed out here –

1) Claimant dies intestate.

2) An administrator is appointed under the Administration of Estates Act 1925. He/she must first obtain letters of administration and then distribute the estate (This can take serious time!) – if your claimant had no siblings then the net value passed to your claimant. However, there was at least one charge on the estate – the £30K. Until the estate was settled the person entitled to dispose of the fee simple was the administrator. This may well have been your claimant but, I think, would have been a different “person” for legal purposes.

3) Estate passes to your claimant.

My guess is that the property was sold by your claimant with an “administrator’s” hat on as oppossed to a “beneficiaries”. As such I do not think your claimant could be considered to have owned it.