Death Of Tenant in Common

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MEA3583_2
MEA3583_2 Posts: 16 Forumite
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in Deaths, funerals & probate
Myself and my father owned a property jointly as tenants in common with a restriction entered onto the property title. Unfortunately my father has now passed away. Is it possible to remove his name from the title and also the TIC restriction without going for probate? Thank you

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  • Keep_pedalling
    Keep_pedalling Posts: 16,623 Forumite
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    edited 21 November 2022 at 11:27PM
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    If he left his share to you, yes, if he didn’t or he died intestate with a surviving spouse or other surviving children, then no.
  • 74jax
    74jax Posts: 7,923 Forumite
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    MEA3583_2 said:
    Myself and my father owned a property jointly as tenants in common with a restriction entered onto the property title. Unfortunately my father has now passed away. Is it possible to remove his name from the title and also the TIC restriction without going for probate? Thank you
    What does the Will say regarding his share? 
    Forty and fabulous, well that's what my cards say....
  • MEA3583_2
    MEA3583_2 Posts: 16 Forumite
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    74jax said:
    MEA3583_2 said:
    Myself and my father owned a property jointly as tenants in common with a restriction entered onto the property title. Unfortunately my father has now passed away. Is it possible to remove his name from the title and also the TIC restriction without going for probate? Thank you
    What does the Will say regarding his share? 
    His share comes to me. 
  • tacpot12
    tacpot12 Posts: 7,968 Forumite
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    You can call the Land Registry helpline to check what form you need to send them, and also what other information you need to provide, e.g. copy of the Will, death certificate, proof of identity. 
    The comments I post are my personal opinion. While I try to check everything is correct before posting, I can and do make mistakes, so always try to check official information sources before relying on my posts.
  • Land_Registry
    Land_Registry Posts: 5,780 Organisation Representative
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    edited 22 November 2022 at 10:26PM
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    MEA3583_2 said:
    Myself and my father owned a property jointly as tenants in common with a restriction entered onto the property title. Unfortunately my father has now passed away. Is it possible to remove his name from the title and also the TIC restriction without going for probate? Thank you
    Our PG 6 explains how to update the register re the death and how to cancel a form A restriction, which is what many refer to as the indicator re the TIC you refer to. 
    Probate is not needed. Nor is the will or evidence of identity 
    https://www.gov.uk/government/publications/devolution-on-the-death-of-a-registered-proprietor
    “Official Company Representative
    I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
  • MEA3583_2
    MEA3583_2 Posts: 16 Forumite
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    Land_Registry said:
    MEA3583_2 said:
    Myself and my father owned a property jointly as tenants in common with a restriction entered onto the property title. Unfortunately my father has now passed away. Is it possible to remove his name from the title and also the TIC restriction without going for probate? Thank you
    Our PG 6 explains how to update the register re the death and how to cancel a form A restriction, which is what many refer to as the indicator re the TIC you refer to. 
    Probate is not needed. Nor is the will or evidence of identity 
    https://www.gov.uk/government/publications/devolution-on-the-death-of-a-registered-proprietor
    Dear Land Registry,
    On section 9 of the RX3 form it asks for the reason why the restriction is no longer needed. I was going to say "The restriction is no longer needed given the death of proprietor MY FATHER on 20/11/2022  and the inheritance of his benecial share and entire estate by his only child MYSELF". Would that suffice?
    Thank you so much for your help
    Lee
  • Land_Registry
    Land_Registry Posts: 5,780 Organisation Representative
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    MEA3583_2 said:
    Land_Registry said:
    MEA3583_2 said:
    Myself and my father owned a property jointly as tenants in common with a restriction entered onto the property title. Unfortunately my father has now passed away. Is it possible to remove his name from the title and also the TIC restriction without going for probate? Thank you
    Our PG 6 explains how to update the register re the death and how to cancel a form A restriction, which is what many refer to as the indicator re the TIC you refer to. 
    Probate is not needed. Nor is the will or evidence of identity 
    https://www.gov.uk/government/publications/devolution-on-the-death-of-a-registered-proprietor
    Dear Land Registry,
    On section 9 of the RX3 form it asks for the reason why the restriction is no longer needed. I was going to say "The restriction is no longer needed given the death of proprietor MY FATHER on 20/11/2022  and the inheritance of his benecial share and entire estate by his only child MYSELF". Would that suffice?
    Thank you so much for your help
    Lee
    You need RX3 and ST5 so that’s fine for panel 9 but for the ST5 follow the bullet points provided in the guidance and set out the details as referenced 
    “Official Company Representative
    I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
  • Gavin83
    Gavin83 Posts: 8,749 Forumite
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    MEA3583_2 said:
    74jax said:
    MEA3583_2 said:
    Myself and my father owned a property jointly as tenants in common with a restriction entered onto the property title. Unfortunately my father has now passed away. Is it possible to remove his name from the title and also the TIC restriction without going for probate? Thank you
    What does the Will say regarding his share? 
    His share comes to me. 
    Did he have any debts that can’t be settled with cash savings?
  • MEA3583_2
    MEA3583_2 Posts: 16 Forumite
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    Gavin83 said:
    MEA3583_2 said:
    74jax said:
    MEA3583_2 said:
    Myself and my father owned a property jointly as tenants in common with a restriction entered onto the property title. Unfortunately my father has now passed away. Is it possible to remove his name from the title and also the TIC restriction without going for probate? Thank you
    What does the Will say regarding his share? 
    His share comes to me. 
    Did he have any debts that can’t be settled with cash savings?
    Fortunately he didn't.
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