Tenants in common - transfer after death

tiptoes27

My parents owned there house as 'tenants in common' each holding a 50% share. My father sadly passed away last month. He had left a will leaving everything to my mother and I am executor of the will. The total estate is about £125,000. I have applied for probate.

My question is to do with the property and how to transfer ownership to my mother. I have been in touch with the land registry and they have advised me to complete a form - "We would however advise you to lodge form DJP (link below) to update the register so only your mother’s name is shown as the owner"
http://www1.landregistry.gov.uk/assets/library/documents/djp.pdf

Is this sufficient to transfer the property into my mothers name? Or do I need to see a solicitor as well.
Many thanks

Moglet

Sorry for your loss.

I'm glad the estate is under the IHT threshold as it would have been a shame to pay tax on an asset that if held as joint tenants would have passed to your Mother outside of the will and estate anyway.

I'm afraid I don't know the answer to your question though.

tiptoes27

The property was owned as joint tenants but my parents were advised to change it a couple of years ago to tenants in common as my father had been diagnosed with Alzheimers. We realised that should he have to go into a care home, (which he did) the house would be protected from care home fees, but if my mum had died before him the whole property would have become his and would have to be sold to pay the fees.

They transferred it to tenants in common on the advice of a solicitor. my Mum then made a new will leaving her half of the property to her children and my dad kept his original will leaving his half to my mum.

I am trying to keep cost down so doing as much as possible myself, but never had to deal with anything like this before and always find useful advice on this site.

SuzieSue

I was in a similar situation when my father died. I managed to transfer the property into my mother's name without using a solicitor and I don't have any legal knowledge. There is plenty of information on the internet and I just spent a few hours one evening reading through it all. From what I can remember I prepared a statutory declaration and then my mother just had to sign it in front of a solicitor who just charged £5 or £10. She also had to take certain documents with her like a copy of the grant of probate and the death certificate.

If you pm me your email address I can send you a copy of the stat declaration I prepared (the solicitor was impressed by it).

SuzieSue

I've just tried to pm you, but I get an error message saying you can't receive pms.

Anyway, I've sent you the stat declaration. If you don't receive it you should check your spam.

tiptoes27

Hi
I have never sent or received private messages before - just checked my options and had private messaging disabled for some reason. Have changed it now so it should be o k in future. Have checked my spam and the statutory declaration has arrive - thank you very very much. It is very good of you. Regards Maz

timmyt

tiptoes27 wrote: »

My parents owned there house as 'tenants in common' each holding a 50% share. My father sadly passed away last month. He had left a will leaving everything to my mother and I am executor of the will. The total estate is about £125,000. I have applied for probate.

My question is to do with the property and how to transfer ownership to my mother. I have been in touch with the land registry and they have advised me to complete a form - "We would however advise you to lodge form DJP (link below) to update the register so only your mother’s name is shown as the owner"
http://www1.landregistry.gov.uk/assets/library/documents/djp.pdf

Is this sufficient to transfer the property into my mothers name? Or do I need to see a solicitor as well.
Many thanks

DJP shoudl be done first step, and your father's name will come off. quick and easy work. 10 minutes tops...and a stamp.

But the Tenant in Common Restriction will remain though.

But just leave the tenant in common restriction there, and when the proeprty is sold, your conveyancer simply appoints you as another person to sign and 'overreach' it without any fuss.

Or more labour intensive but no real point - you fill in an RX3 (or is it RX2) removing the Restriction in your capacity as dad's executor. Say property went to mum under the will and the tenant in common restriction is not needed. Usually a lawyer does it, but give it a go. The Land Registry do not charge a fee.

timmyt

tiptoes27 wrote: »

The property was owned as joint tenants but my parents were advised to change it a couple of years ago to tenants in common as my father had been diagnosed with Alzheimers. We realised that should he have to go into a care home, (which he did) the house would be protected from care home fees, but if my mum had died before him the whole property would have become his and would have to be sold to pay the fees.

They transferred it to tenants in common on the advice of a solicitor. my Mum then made a new will leaving her half of the property to her children and my dad kept his original will leaving his half to my mum. balance that with the fact that the survivor then shares the house and could die, divorce or go bankrupt, putting survivors ability to remain in their house at risk

I am trying to keep cost down so doing as much as possible myself, but never had to deal with anything like this before and always find useful advice on this site.

interesting post, well done

SuzieSue

I've just remembered that although my father's will left his share of the house to his children, we did a deed of variation to leave his share to my mother for the reasons Timmt has just outlined above as my sister had got married and we were concerned that if they should divorce or if her husband should become bankrupt that my mother could lose her house.