Sisters feared losing the Beverley property that had been left to them
Caroline Fletcher‑Shaw, residential property lawyer with Wilkin Chapman Rollits; a general view of Beverley(Image: wilkinchapmanrollits.co.uk)
Three siblings feared they could lose the Beverley home left to them by a fourth sister, after issues emerged during the sale, putting the ownership of the house in question. The sisters, along with an East Yorkshire lawyer who helped them resolve the case, are now warning others to check all paperwork is in order so they and their loved ones do not have to go through the same worries.
Following their sister’s death in 2024, the three women, who have asked not to be named, began the process of selling her home, believing she had been the sole owner. After putting the Beverley property on the market, they accepted an offer and were expecting a straightforward sale.
However, during routine legal checks, the trio were stunned to learn that documents suggested the house was still legally held in the names of their sister and her ex-husband, whom she had divorced more than 30 years earlier. No record could be found to confirm the property had ever been transferred into her sole name, and the house had never been formally registered with the Land Registry.
As the former couple had owned the home as “joint tenants”, under property law this meant the ownership of the entire property would automatically pass to the ex‑husband on death. “It was a complete shock,” said one of the women, who lives in Driffield.
“We genuinely believed everything had been sorted out decades ago. None of us could have imagined that something from so long ago could put our sister’s wishes at risk.”
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It left them with the realisation they could lose the house – and the six-figure sum they were expecting from the sale as the beneficiaries of their sister’s estate. Law firm Wilkin Chapman Rollits, which handled the sale, set out to track down the ex-husband and establish what had happened all those years earlier.
Caroline Fletcher‑Shaw, one of the firm’s residential property lawyers, said: “Assumptions made many years ago can have serious consequences for families down the line, and they often only come to light once a sale or probate process is already under way. And that’s what happened to the three siblings.”
When he was traced and was told about the situation, the ex-husband said he had always believed the house had been transferred into his ex-wife’s sole name at the time of the divorce, and that he did not consider himself entitled to any of the proceeds. His honesty meant the siblings were able to proceed with the sale, knowing the house would pass as intended.
Formal statements of truth were prepared and an application was made to the Land Registry to correct the ownership and formally register the property. The process was still complex, but thankfully for the siblings, the buyer waited patiently for the process to be resolved.
To the relief of everyone involved, the title was eventually corrected, the sale was completed, and the proceeds were released to the three siblings. The Driffield sister said it was “a huge relief” when it was finally resolved.
“We are so grateful for Caroline’s help and guidance throughout the process,” she said. “As a family, we have learnt a lot about the house-selling process and some of the pitfalls.
“And it was definitely a wake-up call about making sure affairs are in order. We hope our experience encourages other families to check their paperwork so they don’t have to go through the same worry.”
Caroline, of Wilkin Chapman Rollits, which has offices in Hull, Beverley, Grimsby, Louth, Lincoln and York, said the case shows how important it is for families to make sure all paperwork is up to date and that properties are registered with the Land Registry. She said: “Luckily in this case, the ex-husband was very honest, the buyer was patient and the siblings remained calm.
“The moral of the story is: make absolutely sure your affairs are in order, because things don’t always go as expected. The case also highlights the benefit of having access to wider legal expertise when buying or selling a house.
“What began as a straightforward sale ended up requiring input across divorce, wills and probate, and wider family law.”
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