Land Registry Form DJP

Skint_yet_Again

Please can you tell me if the executor needs to complete this form.


Joint owner has passed away. Half share of property is left in trust for 3 daughters with life interest for trustee who is executor / spouse.


Should the property be registered in the name of the surviving owner as half owner/ half trustee ?


Thanks

Land_Registry

Skint_yet_Again wrote: »

Please can you tell me if the executor needs to complete this form.


Joint owner has passed away. Half share of property is left in trust for 3 daughters with life interest for trustee who is executor / spouse.


Should the property be registered in the name of the surviving owner as half owner/ half trustee ?


Thanks

Form DJP and the death certificate are used to update the register re the death. Nothing else. We always recommend that this is done but there's no 'need' as such as the death is factual and can be notified at any time

If it's in their joint names then the legal ownership has passed to the surviving owner.

The trust/half share is in the beneficial ownership so it's something to get legal advice on as to how the trust/half share is documented and how best to protect everyone's interest on the land register.


For example if there is a form A restriction on the title that may be seen as enough as it restricts the surviving legal inner to some extent when selling/mortgaging the property

Some may decide to have the survivor transfer the legal title to themselves and all/some if the daughters or a trustee

Different things to consider but the key thing to understand is the separation of the legal and beneficial ownership's and how the latter impacts on the former