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Death Of Tenant in Common
MEA3583_2
Posts: 16 Forumite
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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Comments
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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.2
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What does the Will say regarding his share?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 youForty and fabulous, well that's what my cards say....1 -
His share comes to me.74jax said:
What does the Will say regarding his share?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 you0 -
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.1
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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.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 youProbate 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"3 -
Dear Land Registry,Land_Registry said:
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.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 youProbate 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
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
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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 referencedMEA3583_2 said:
Dear Land Registry,Land_Registry said:
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.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 youProbate 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
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“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"0 -
Did he have any debts that can’t be settled with cash savings?MEA3583_2 said:
His share comes to me.74jax said:
What does the Will say regarding his share?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 you0 -
Fortunately he didn't.Gavin83 said:
Did he have any debts that can’t be settled with cash savings?MEA3583_2 said:
His share comes to me.74jax said:
What does the Will say regarding his share?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 you0
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