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Inform Land Registry of Death of Tenant in Common?
My father passed away 6 years ago (just after the start of the pandemic). He and my mother owned their home as tenants in common since 2016 – they severed the joint tenancy at that point; they had mirror wills in place naming my sister and I as beneficiaries of his share. A solicitor handled all this for them.
After his death should we have informed Land Registry and amended ownership of the property to show my mother (50%) and myself and my sister (25% each)? Is it something we need to do retrospectively? Have we broken any laws?
There was no advice given to me, but I do remember being told probate wasn’t needed. Land Registry just never crossed my mind at the time of dealing with his affairs. This has only come to light as my husband is dealing with his mother’s affairs after her recent death.
Thank you for any assistance
Comments
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I think the only thing that needs registering is the IPDI trust (I assume there is one)0
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No real need to update the Land Registry until you have a transaction which requires it.0
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Your father’s will created an immediate post death interest trust. You and your sibling do not own any of it at the moment legal ownership of your father’s share lies within the trust and beneficial ownership with your mother. You could change the LR to show this but it is not a legal requirement.
What is a legal requirement is for the trust to be registered with HMRC. This became a requirement in Oct 2020.0
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