Land Registry ST5 Question 4 help please - husband has died and we were tenants in common

Irishsmurfy

Hi all

I hope someone might be able to help.

My husband sadly passed away earlier this month from a sudden unexpected heart attack. I have been sent form after form after form and my brain cells are struggling to cope.

My mortgage company contacted me to ask who is dealing with the "estate" as apparently we have joint mortgage (with £150k approx outstanding on our home which is valued at £350k). My husband has not left a will so I believe he has died intestate. Apparently even though our mortgage was in joint names it was originally set up as "tenants in common" rather than "joint tenants". The mortgage company have told me that if it had been joint tenants the property would have automatically been 100% mine (with the mortgage still to be paid obviously) but that as we were tenants in common then I have only 50% of the property and my husbands 50% share remains his until probate is sorted or the "estate" distributed under intestacy rules.

I've contacted HMRC re inheritance tax and probate and they have advised me that I do not need to submit the IHT205 or apply for probate as the house is the only asset we have (no savings or investments other than pensions which apparently are under trusts so not included as part of my husbands assets).

I then contacted Land Registry who advised me that I need to have my husbands name removed from the registry of the property and to do so would involve submitting 3 different forms - the DJP, the RX3 and the ST5. I submitted all the forms and attached the death certificate. I've received back a letter from Land Registry to advise that the form ST5 needs question 4 answering with a more detailed explanation. I've telephoned them today to ask for advice on how the wording of the explanation needs to be put - but apparently they're not allowed to advise me on how to answer the question as it could be classed as legal advice. Originally I'd just put in the box that I was attaching the death certificate and that I would be the sole proprietor going forward - but that's not acceptable wording so I need to resubmit that form again. Logically I know the answer I've put isn't sufficient but my brain cells seem to have frozen and I can't think of how to put the answer correctly. Please can someone advise me of how to word it in a "correct" way?

The question reads like this:
"If the interest has passed to the registered proprietor or proprietors, or the survivors(s) of them, explain how this happened. (Provide accurate and relevant information).



Many thanks if anyone is able to help. Land Registry advised me to see either a solicitor or citizens advice but I'm not able to get appointment with either on a weekend and I can't afford to take more time off work as I've been off already for the past 3 weeks.

elliemoo

Im very sorry to hear about your husband. It is still early days since his death so you need to give yourself some breathing space and time to grieve.

Does your employer really expect you to return to work so soon? Could you perhaps see your doctor and get signed off work due to stress due to grief?

Anyway I'm sorry I can't help with the land registry question but I hope you can work through this and I'm sure someone will be able to advice you.