Tenants in common - correct Land Registry forms 12 May at 4:25PM in Deaths, Funerals & Probate 7 replies 213 views

Ethelnosh

My late father and mother’s property is owned outright on a 50/50 tenants in common basis. Probate has now been granted so my sister and I (both executors of dad’s will) can turn our attention to property matters. My mother is sole beneficiary of my father’s will, so she is now the legal owner of the whole property. It is impossible to contact Land Registry by phone at the moment, and we are confused which forms we need. We have handled everything else ourselves and hoped this would be equally straightforward. Land Registry’s online query service takes you to a list of questions, but whether we need form AS1 followed by AP1, or TR1 followed by AP1 is determined by how you answer yes or no to the question ‘is the person who died a joint owner of the land or property in question?’ We are unsure here as although they were legally joint tenants, they each had a 50% share. Also do we need form DJP? Great if someone can throw light on this please as think we might be going bonkers. Also believe this will be an Assent rather than a Transfer as no financial benefit. Thanks.

Bobziz

I'm in the same situation. The forms you need, and others will confirm, are DJP and then when property is sold RX3 and ST5. You can do the latter two now if you want to get it sorted, or do it when the house is eventually sold.

xylophone

My mother is sole beneficiary of my father’s will, so she is now the legal owner of the whole property. 

Even if your father had not left his beneficial interest to your mother, she would still have been the sole legal owner of the property but the beneficial owner of half.

https://hmlandregistry.blog.gov.uk/2016/08/16/legal-estates-beneficial-interests-whats-difference/

As his will leaves her his beneficial interest, an application can be made for the Form A restriction to be removed and your father's name removed from the register.

https://www.gov.uk/government/publications/devolution-on-the-death-of-a-registered-proprietor/practice-guide-6-devolution-on-the-death-of-a-registered-proprietor

Nikkimikki

Ethelnosh said:

My late father and mother’s property is owned outright on a 50/50 tenants in common basis. Probate has now been granted so my sister and I (both executors of dad’s will) can turn our attention to property matters. My mother is sole beneficiary of my father’s will, so she is now the legal owner of the whole property. It is impossible to contact Land Registry by phone at the moment, and we are confused which forms we need. We have handled everything else ourselves and hoped this would be equally straightforward. Land Registry’s online query service takes you to a list of questions, but whether we need form AS1 followed by AP1, or TR1 followed by AP1 is determined by how you answer yes or no to the question ‘is the person who died a joint owner of the land or property in question?’ We are unsure here as although they were legally joint tenants, they each had a 50% share. Also do we need form DJP? Great if someone can throw light on this please as think we might be going bonkers. Also believe this will be an Assent rather than a Transfer as no financial benefit. Thanks.

Was a grant of probate required even though your father left his share of the property to your mother?  My solicitor said no but I am seeing conflicting advice online so really confused!!

xylophone

Was a grant of probate required even though your father left his share of the property to your mother? 

If the only asset were the property then probate would not be required.

https://help.landregistry.gov.uk/app/answers/detail/a_id/125

"And send a certified copy of evidence of death. This can be either:

• a grant of probate
• death certificate
• letters of administration
• a court order"

Nikkimikki

Thanks for your response.  Is this the case even if they are tenants in common?

xylophone

See https://forums.moneysavingexpert.com/discussion/comment/76588679/#Comment_76588679

xylophone

See also https://forums.moneysavingexpert.com/discussion/comment/76588679/#Comment_76588679