Inherited second property council tax

[cookiein7]

Any help please?
Back in 2001 our farther died, leaving his estate intestate.
Being the eldest child of three I applied for and was granted probate, so that I may deal with outstanding debts.
The tax office was happy that no inheritance tax was due.
I entered into correspondence with the land registry about changing the name of the property, so that all three of us appear on the deeds.
They informed me that this can be done, but I did not have to. It would simply make it easier if it come to selling it. So I did not.
My sister and I moved out years before our farther died.
Our brother has lived there before then and ever since.
He is the only one living there.
Has was unemployed at the time of death and ever since then.
To my recollection he has always been on benefits.
The council were made aware of the death, and our brother has been the only occupier since then. He is the only name on registered there.
Are there any complications?
Yours worried.
Thanks for any answers.

[TaxationPete]

Was a Deed of Variation used to leave the property to the 3 of you. Regards Peter

[cookiein7]

Deed of variation? Never heard of it.
Not as far as I'm aware.
I will have a look through the land reg documents and deeds,
but not to my recollection.
Tony

[cookiein7]

Can't find a thing.
There was no will.
The only alteration to the land reg documents and deeds was the removal of our
mothers name when they divorced.
Tony

[TaxationPete]

As there was no will then a D of V may have been produced to effectively write a will so probate could go through. That document would define the beneficaries and the property going to the three of you. Regards Peter

[cookiein7]

Thank you Peter.

Are you aware of any complications regarding council tax?

Tony

[TaxationPete]

Council tax ?? There may be a capital gains tax issue but you need to tell me more. What makes you think you each own a share of the property, there must be a document that formalised this, I suggest you contact the solictor which deal with this at the time wnen he went for probate or letters of Administration. Regards Peter

[jeffrey]

I entered into correspondence with the land registry about changing the name of the property, so that all three of us appear on the deeds.
They informed me that this can be done, but I did not have to. It would simply make it easier if it come to selling it. So I did not.
That's absolutely incorrect in terms of Probate law. HMLR cannot advise you (and probably did not advise) about Probate law.

As Executor, you have a legal duty to the High Court, obliging you to wind-up the Deceased's Estate. You have not yet done so. If you die or become insolvent, the property will be frozen unless and until someone else goes through the process of obtaining yet another Grant of Probate for the unadministered Estate. Do it right- execute an Assent into the appropriate Beneficiaries' names.

[cookiein7]

Thanks both.

I'm gonna get the ball rolling on it this week.

Tony