Help needed with selling house - tennants in common

ijholdie

My parents owned their home as tenants in common (50% each). My mum passed away in 2020, and my Dad passed away earlier this year. Their wills state that the trustees must hold the property fund on trust for the property beneficiary (each other) for life, which I think essentially meant when my Mum passed away, her 50% of the property was held in trust for my Dad. Another clause in the will states the trustees must hold the property fund for me (once my mother and father die), which means the property passes to me. I am an executor for the wills. Grant of probate has just been received for my Dad (already have grant of probate for my late mother).

I would like to sell the house, but I am really confused as to what this all means for me selling the property? Do I have to do something when selling the house in terms of the HM land registry for the property (the title register for the property states "RESTRICTION: No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court."

Really grateful for any help/advice

anselld

That is a standard clause for TIC.

I think you have everything you need to sell.  When you have an offer just pass all the documents to your Conveyancer and they will sort it out.

Keep_pedalling

Fairly standard immediate post death interest trust, the trust ended on your mother’s death. Your conveyancing solicitor will be able to deal with this.

ijholdie

Thanks for the replies. So can someone tell me what is the difference between the original paper deeds for the property (which I eventually tracked down - held by a solicitor), and the title deeds I recently viewed online at HM land registry (title plan and title register) which specified the TIC restriction? Are they the same thing, or different? And do I need the original paper deeds when selling the property?

Bookworm105

ijholdie said:

Thanks for the replies. So can someone tell me what is the difference between the original paper deeds for the property (which I eventually tracked down - held by a solicitor), and the title deeds I recently viewed online at HM land registry (title plan and title register) which specified the TIC restriction? Are they the same thing, or different? And do I need the original paper deeds when selling the property?

original paper deeds are now museum pieces fit only for viewing as a bit of ancient history 

the only definitive record of ownership is now the digital records maintained by the Land Registry. 
Those records take precedence over anything still on paper.

Where are my title deeds, and do I need them? – HM Land Registry

Land_Registry

ijholdie said:

Thanks for the replies. So can someone tell me what is the difference between the original paper deeds for the property (which I eventually tracked down - held by a solicitor), and the title deeds I recently viewed online at HM land registry (title plan and title register) which specified the TIC restriction? Are they the same thing, or different? And do I need the original paper deeds when selling the property?

The link to the 'deeds' blog explains that aspect for you and it's really up to you whether you make the buyer aware that you have the old deeds and hand them over or not. They're not needed to prove ownership as the registered information now does that.
Going back to your OP the TIC aspect and wills/trust will often cause owners to register what is known as a form A restriction. The register is not definitive re such arrangements so you can have a TIC scenario but no such restriction as well.
The legal ownership passed to your Dad when your Mother died. And on his passing it then forms part of his estate and probate is required. The wills/trust/TIC relates to their beneficial ownerships and you are already aware of how those where shared/passed on.
A buyer will need two things from you to confirm both deaths and your legal authority to then sell - death certificate for Mum and probate for Dad 
The form A restriction will 'bite' if you are the sole named executor. If you are then you can either appoint someone else to act with you in the Transfer (legal deed used to transfer the legal ownership) and together you transfer. Or you can apply to cancel the form A restriction ahead of selling and using forms RX3 and ST5 to do so.
I would recommend, as others have posted, that you discuss with your conveyancer. The 'easier' option is usually to deal with it all as part of the actual sale/purchase