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Probate
Comments
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Although that appears to be the case, the register is not definitive re such detail and the term 'tenants in common' is not referred to on the register. The Form A restriction does not itself change the ownership from beneficial joint tenancy to tenancy in common. The restriction only reflects the request or change made.Willeri said:Sounds like no Firm A restriction and held as JT do other owner of mother would inherit by survivorship. DJP form and death certificate to LR to remove deceased name. Not always need to get Probate for property as dependant on situation. Daughter could sever tenancy to TIC and make Will leaving share to her husband if she wanted to, if died then mum and son in law own property together, recipe for issues
It could still be possible that the actual ownership is TIC, but there needs to be documentary evidence in the form of a dead of trust or correspondence with the conveyancy solicitor indicating that TIC was the required form of ownership.0
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