Property ownership disputes with estate administration

After a death, questions can arise about who owns a property and whether it properly forms part of the estate.

Where there is uncertainty about beneficial ownership, the issue is not resolved by probate law alone. It may require determination under the Trusts of Land and Appointment of Trustees Act 1996 – see our guide here.

Our specialist team of 5 lawyers have experience advising on TOLATA issues which arise during estate administration, particularly where property ownership must be determined before the estate can be valued, administered and distributed.

These claims often sit alongside wider probate disputes and can materially affect the value of the estate and the entitlement of beneficiaries.

When TOLATA Issues Arise During Estate Administration

Property ownership issues affecting estates can include :

• Whether the Property Forms Part of the Estate - Disputes may arise where the property is registered in joint names or the property is in the deceased’s sole name but another person claims a beneficial interest. The issue is whether the property belongs entirely to the estate or another individual owns a share under trust principles. This requires determination of beneficial ownership, often through a TOLATA claim.

• Joint Tenants or Tenants in Common - The structure of ownership at the date of death can determine whether property passes automatically or forms part of the estate. Disputes may involve whether the property was held as joint tenants or tenants in common and/or whether a joint tenancy was severed before death and/or whether beneficial ownership differs from the legal title and/or whether financial contributions created unequal shares. A declaration may be required before estate administration can proceed properly.

• Executors and Surviving Co-Owner Disputes - Issues may arise between executors and a surviving co-owner regarding whether the property should be sold and/or determination of beneficial shares and/or occupation of the property pending sale and/or division of proceeds. TOLATA provides the legal mechanism for seeking declarations of ownership and orders for sale where agreement cannot be reached.

What We Do

We assist clients in ensuring property ownership issues are resolved clearly so that estate administration can proceed lawfully and without unnecessary delay.This may entail :-

• Advice on determining beneficial ownership of property after death and seeking to resolve any dispute by negotiation or mediation where possible.

• Bringing or defending TOLATA proceedings

• Applications to Court seeking a Declaratory Order about beneficial ownership

• Applications to Court for Orders for sale of estate property

• Disputes concerning severance of joint tenancy

Who We Act For

We act for:

• Executors seeking clarity on what forms part of the estate

• Beneficiaries concerned about estate value

• Surviving co-owners resisting sale

• Cohabiting partners asserting beneficial interests

• Individuals defending property claims brought against an estate

Why Early Specialist Advice Matters

TOLATA claims can significantly affect the size of an estate and delay distribution if not addressed promptly.

Determining beneficial ownership often involves:

• Detailed financial evidence

• Historic contribution analysis

• Documentary and witness evidence

• Valuation considerations

Taking action without proper legal grounds can expose parties to adverse costs orders and unnecessary litigation risk.

Early specialist advice ensures that any claim or defence is properly assessed, proportionate and supported by evidence.

Contact Us

Please contact our specialist lawyers for a confidential discussion about your circumstances and the options available to you.