I have been handed a matter whereby the client purchased a property in 1992 with their then partner (not married) and held as tenants in common they had three children (now adults) and the partner then left the family home shortly aferwards and kept very little contact (and no child maintenance was paid).
The partner went on to marry and did not have any further children. They died intestate in 2012.
My client now wants to re mortgage the property but cannot because the deceased’s name and Form A restriction remain on the title.
My client has been in contact with their ex partner’s spouse and they want nothing to do with obtaining letters of administration and have (verbally) stated that they want no money from the house.
I am struggling to know how to proceed. My client doesn’t want me to contact the spouse to ask them to formally renounce so that their children can make an application and we also have no way of finding out what was in the deceased partner’s estate in 2012. It could be insolvent for all they know.
What would you do? A Limited Grant to allow the remortgage for the time being? But what then? Surely they would then be expected to obtain a full grant. Could this be counted as intermeddling and leave them open to claims against the estate anyway?
Would the Land Registry remove the restriction without a Grant? What evidence would they need?
I have also looked at s118 Senior Courts Act 1980 - an application for a Grant to deal with just part of the estate- any idea how one goes about this and whether it would apply in this situation?
Any help would be gratefully received.