Death of a parent with Tenant in Common

FluffyFace

My mother recently passed away and was tennant in common with my dad.  Her half as her wishes in her Will have been passed to myself and my sister.  What form do we need to complete to update the Land Registry of this update?
Any help and advise with this would be gratefully received.
Thank you!

poppystar

Did the Will set up an immediate post death life interest trust?  ie. Did it give your father the right to remain in the house for the remainder of his life or until he remarries or similar? 

msb1234

You dont  actually need to do anything. I would advise, however, that if you don’t already have it, to sort out LPA for your father now. This will mean that if at some point in the future your father needs to go into a home you will be able to access his bank accounts to pay his fees, and also be able to sell the house rather than waiting until he eventually dies. Believe me, it will save a lot of hassle in the long run.
Once he does eventually die, or the house is sold, the conveyancing solicitor will sort the Land Registry things out. This is what happened with my mums house which we sold 2 years after she died.

Keep_pedalling

poppystar said:

Did the Will set up an immediate post death life interest trust?  ie. Did it give your father the right to remain in the house for the remainder of his life or until he remarries or similar? 

This is important, if the will does not give your father a life interest in your mother’s half I would suggest you and your sister do a deed of variation to put that in place..

That protects your father if for instance one of you dies before him or goes bankrupt or gets divorced. It also avoids a capital gains tax liability for you when the property is eventually sold and if either of you does not already own your own home avoids you losing your first time buyer status and having to pay additional tax when you do buy one.