Land Registry - Tenant in Common after sole survivor registration

fcandmp

We are just about to sell late FIL's property, which was reregistered in his sole name after MIL passed a few years back.

We have now been told by our solicitor that the Tenant in Common flag is still set against the property and there is is an administrative change needed in the way the property is being sold, adding his daughter's name (my wife), so there are three sellers to the sale contract - she is also an executor with her brother if that makes any difference and a deed of appropriation is in place.

How can the tenant in common flag remain, is this just an administrative error by the land registry as surely it makes no sense when the property is reregistered just in one name?

Are there any tax or legal implications for my wife of doing what our solicitor is suggesting that she be named as a 3rd seller?

Many thanks

getmore4less

What probably happened is the name was removed(just needs death cert) and the restriction left.

Don't think it need 3sellers just 2 land reg rep usually pics up these threads so can confirm. Executors will be a single entity
If the sale is still from the estate there should be no fallout tax/legal.

Rodders53

Tenants in Common means M-i-L and F-i-L each owned part of the house... 50:50 is assumed if the proportion is not specified somewhere.

So when M-i-L passed, her will could have left her share to someone other than F-i-L... Did it?
Did her Estate go through Probate (who was Executor, find their records)?
Who actually owns the M-i-L's share, as they will need to be party to the sale. {There may be Capital Gains Tax implications?}

Joint Tenants would have meant both owned 100% and the survivor got the whole house.

fcandmp

Rodders53, thanks.

MIL left all to FIL in will ad probate was granted back in 2014.

When FIL died in 2016 he left all to his three children, two of which are executors now selling. A bare trust is in place / deed of Appropriation on behalf of three beneficiaries. We are aware of the CGT liability, and thi query Is just about the TIC flag at land registry.

getmore4less

it the TIC restriction is there it is because the MIL estate did not remove it if it could have done.

not a big deal just needs ANY another person to act in the sale.