Tenants in Common

JBeaC

In a situation where a property was owned by joint tenants in common and both have sadly passed away do the executors/ family of the most recently deceased have legal rights and responsibilities for the security of and access to the property? I am told this is the case but it’s difficult to find information. 

getmore4less

yes, 
Legal ownership passes to the survivor on death of the first and then on second death the executors (if they plan to act) should take on responsibility for securing the assets of the estate.

Sea_Shell

Do you mean "Joint Tenants" or "Tenants in common".   They are two separate things.

JBeaC

Sea_Shell said:

Do you mean "Joint Tenants" or "Tenants in common".   They are two separate things.

Tenants in Common

JBeaC

getmore4less said:

yes, 
Legal ownership passes to the survivor on death of the first and then on second death the executors (if they plan to act) should take on responsibility for securing the assets of the estate.

Thanks. So I understand from this that the executor of the recently deceased takes on legal responsibility? There are 2 executors one for first death one for second death, 2 different families. 

xylophone

This definition (in US Law I'm assuming)
https://www.investopedia.com/terms/j/jtic.asp#:~:text=The term joint tenants in,rights of the deceased owner.
Is very much the legal situation here with regard to T-I-C?
https://hmlandregistry.blog.gov.uk/2016/08/16/legal-estates-beneficial-interests-whats-difference/

xylophone

In a situation where a property was owned by joint tenants in common and both have sadly passed away do the executors/ family of the most recently deceased have legal rights and responsibilities for the security of and access to the property? I am told this is the case but it’s difficult to find information. 

The surviving TIC (who has recently died) was the only proprietor shown  at the LR but there was a Form A or other restriction?

JBeaC

xylophone said:

In a situation where a property was owned by joint tenants in common and both have sadly passed away do the executors/ family of the most recently deceased have legal rights and responsibilities for the security of and access to the property? I am told this is the case but it’s difficult to find information. 

The surviving TIC (who has recently died) was the only proprietor shown  at the LR but there was a Form A or other restriction?

It’s in the U.K. 

Sea_Shell

JBeaC said:

Sea_Shell said:

Do you mean "Joint Tenants" or "Tenants in common".   They are two separate things.

Tenants in Common

If it is Tenants in Common then the ownership doesn't AUTOMATICALLY pass to the other owner.    Did either owner have a will?

If so, who was due to inherit the 'first to pass' share?   Was it the co-owner or someone else?

If no will, is the co-owner the person it would pass to under intestacy rules?

Were the deaths very close together?    Had no one had a chance to start administering the first death when the second occured?

JBeaC

Both wills leave a share of the estate to their beneficiaries (also executors). This is about the legal responsibility of the executor of the recently deceased as we know the sale of the property will be split. Time has passed since the first TiC died and the other continued to live in the property until they died. 

RAS

Hi, because this property was held as tenants in common, it is necessary to explain:
Who were the designated beneficiaries of the first deceased? Did anyone sort out probate regarding their share of the property and who were the executors?
Who were the beneficiaries of the second deceased?

Use A, B, C if you want to preserve anonomity.