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Death of tenant in common, share left to spouse in will

I need some help and really cannot find the answer to this particular question after lots of searching.

I am acting as executor for my recently deceased Mother in law. Mother in law and Father in law married and Mother in law left everything to Father in law in her will. They own(ed) a property as tenants in common. Property is registered with Land Registry with the "tenants in common" restriction on the title regarding "No disposition by a sole proprietor".

What is required for me to do regarding the Land Registry and transfer of ownership of the deceased's share of the property? Can the registry simply be left as it is with the deceased's name registered and restriction in place, and then appropriately dealt with by a solicitor when surviving owner dies or should I be doing something now to implement a formal transfer of ownership of the deceased's share (AS1 with AP1 with grant of probate to Land Registry)?

Thank you for any help in advance.

Comments

  • Just to clarify; both MIL and FIL are registered owners named on the title registry as proprietors of the property (the family home).
  • Keep_pedalling
    Keep_pedalling Posts: 21,850 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper Photogenic
    No urgency to do anything at this stage. It can be left until she dies or if for some reason it needs to be sold before then.
  • Thanks. And would it then require a death certificate / probate for both registered owners?

    If we wanted to neaten things up now, would the correct procedure be an AS1 with AP1 along with grant of probate, sent to Land Registry? Would there be a significant fee involved?

  • Keep_pedalling
    Keep_pedalling Posts: 21,850 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper Photogenic
    You don’t need probate for your FIL unless he holds other assets that can’t be released without it. 
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