deceased Tenants in common

steve42

My father passed away a few months ago and I'm in the process of sorting out his estate. he owned his house along with his surviving wife and myself. The property was held on trust as tenants in common (Dad 44.5%, Mum 44.5% and myself 11%) as per the purchase transfer form TR1. I now need to advise the Land Registry of his passing and have his name removed from the Register. I have been advised by the LR that I need to complete form DJP to do this but I am unsure if this is correct as what happens to his share which does not go to his wife but is held in trust - there is nothing on the DJP form for this.

Richard_Webster

From a practical point of view it really depends on what you are going to do with the house.

Any jointly owned property is held on trust, the terms depending on circumstacnes and any relevant legal documents, but buyers and The Land Regtistry don't need to know proportions etc.

The surviving two are trustees anyway holding 44.5% & 11% & for yourselves and 44.5% for the beneficiaries of the trust in the will.

If you are going to sell the house fairly soon then there really is no point whatevere in wasting money and time in registering any chnages at the Land Registry. When you sell the two of you sign the TR1 transfer deed and you produce the death certificate to the buyer who is not concerned to know about your proportionate shares only that two of you are surviving trustees.

If you are going to keep the proeprty unless there is an incoime from letting which should be divided 44.5/11/44.5 the new beneficiaries aren't going to get anything until a sale happens and again you don't really need to do anything until then. In the meantime if the beneficiaries are unhappy they can go to court to force you to sell the property.