Land Registry: Deceased Tenants in Common

Misha96

My uncle died early this year. I have Grant of Probate and continue to administer the estate.

What I have probably neglected to do is contact the Land Registry. My uncle and I were tenants in common. He owned the bigger share of the property, which I have now inherited. I intend to sell the property within a year or so. I have visited the Land Registry pages on the government website but cannot locate forms to do with a deceased tenant in common with the remaining tenant a beneficiary of the estate.

What do I do? Ought I contact LR by letter and include legal copies of the death certificate and Grant of Probate?

Thanks for any help,

Misha

 

 

Sarahspangles

You can sell the property without transferring your uncle’s share. You simply provide your conveyancing solicitor with the copy of the Will and grant which show you own both parts. 

JC2068

Form ‘DJP’ is usually the one you need. 

Because you are the proprietor and executor/beneficiary all in one, I’d imagine the LR will remove the joint proprietor from the title register but leave the tenants in common restriction - this is because you need 2 ‘trustees’ to overreach it. You are just 1 trustee. This can be dealt with easily when you come to sell. 

JC2068

I should have said, you needn’t do any of this now. You can wait until you sell the property. 

Misha96

JC2068 said:

Form ‘DJP’ is usually the one you need. 

Because you are the proprietor and executor/beneficiary all in one, I’d imagine the LR will remove the joint proprietor from the title register but leave the tenants in common restriction - this is because you need 2 ‘trustees’ to overreach it. You are just 1 trustee. This can be dealt with easily when you come to sell. 

Thank you. I'd rather deal with this matter sooner than later. Is there a fee? 

Land_Registry

Form DJP and certified copy probate or death certificate to update re the death. Plus forms RX3 and ST5 to cancel the form A restriction which may have been applied for to protect the TIC/shares
No fee for either. See PG 6 for guidance 
https://www.gov.uk/government/publications/devolution-on-the-death-of-a-registered-proprietor

Misha96

Land_Registry said:

Form DJP and certified copy probate or death certificate to update re the death. Plus forms RX3 and ST5 to cancel the form A restriction which may have been applied for to protect the TIC/shares
No fee for either. See PG 6 for guidance 
https://www.gov.uk/government/publications/devolution-on-the-death-of-a-registered-proprietor

Thank you @Land_Registry for your advice. I’ve only just settled down to work on this issue. I checked the Title Register and found that the name of my late aunt (by marriage) is still cited as a tenant in common. Do I need to submit everything in duplicate?

Thanks,

Misha

Misha96

Further to the administration of my uncle’s estate, I completed Forms DJP, ST5, and RX3 and submitted copies of Grant of Probate and certified copies of my uncle’s will and that of his late wife.

I think everything was done correctly thanks to the support of this forum and the wad of papers was submitted to the Land Registry on 31 July. 

The Grants of Probate were sent back by return post. About how long does it take the registry to be updated?

Thanks,

Misha

Land_Registry

Misha96 said:

Further to the administration of my uncle’s estate, I completed Forms DJP, ST5, and RX3 and submitted copies of Grant of Probate and certified copies of my uncle’s will and that of his late wife.

I think everything was done correctly thanks to the support of this forum and the wad of papers was submitted to the Land Registry on 31 July. 

The Grants of Probate were sent back by return post. About how long does it take the registry to be updated?

Thanks,

Misha

It will wait several weeks before being processed. But don’t worry as we will contact you once started/completed 

Misha96

I hope this information will be of use to other members.

Exactly five weeks after I sent Forms DJP, ST5, and RX3 to the Land Registry with death certificates, Grants of Probate, and a quick covering letter, I have received notice that the Register has been updated. There were only 24 days between the Land Registry receiving my documents and the date on the letter confirming the update.

Misha