Forms needed to change the property register

Colliedog1

After having sorted the Probate and DOV out I am now looking at sorting the Land Registry paperwork out.
I know it doesn’t need to be done straight away and I was going to leave it for now but my Mother wants me to get it sorted.
The property is held in equal shares as tenants in common between my Mother, Father and myself. As my Father has passed away his share has been split between my Mother and myself to be held as tenants in common.
Looking online it seems I need form DJP and AS1 and maybe AP1. Just wondered if anyone could confirm if these are the correct forms please.

Land_Registry

Sorry to read of your loss and as you state no need to update the land register immediately but many do

We register the legal ownership so if the three of your are registered as the legal owners the legal ownership passes to you and your Mother to deal with. The legal ownership does not form part of your Father's estate so probate is not needed for the property.

As such there is no transfer (AS1 or TR1) involved and form DJP + certified/official copy of either the death certificate or probate (as you have one) can be completed and posted to update the register.

The register does not refer to the term 'tenants in common' (or joint tenants) and the 'shares' you mention refer to your beneficial ownerships. In most cases tenants in common usually apply for what's known as a form A/joint ownership restriction to be added to the register.

You can search online for a fee to check/confirm the register - Search for land and property information - GOV.UK

That restriction doesn't specific the shares/% held for example. If such a restriction is on the register then your beneficial split/shares are protected and we don't need to know how the 'new' split has been made/agreed. If you've split your Father's share between the two of you then I would suggest formalising that in some agreement/trust deed/as appropriate but we don't need to see it or be informed.

In my experience getting such tings 'sorted' involves seeking legal/financial advice to ensure that you and your Mother both understand how such things work both now and in the future.

Colliedog1

Thank you for your reply.

The three of us are registered as the legal owners. You mention as we have split my Fathers share between us you would suggest formalising that in some trust/agreement. He split his share between us in his will so that would be formal enough wouldn’t it.

I have the official copy of the register of title on which the three of us are named. Under section B there is a form A joint ownership restriction. I also have a copy of the TR1 form which states we are tenants in common which we filled in when the three of us became joint owners. Even though the register doesn’t refer to tenants in common as we registered as tenants in common originally will that still stand when we remove my Fathers name or do we need to fill in anymore forms.

if it is just form DJP we need to fill in and send with the probate certificate do you return the probate certificate.

Land_Registry

By formal I refer to a suitable means to confirm the legal position re the beneficial shares. We don't deal directly with wills, trust deeds etc so would always recommend seeking suitable professional advice.

If you all three took advice when drawing up your wills to indicate the % shares held for example then repeating that in amended wills might be all that's required?

The form A restriction remains on the register until either it is cancelled or it is removed when the property is sold. Updating the register re the death won't remove the restriction and it can still protect the shares/trust arrangement now in place.

Do not send the original probate. Our online guidance explains how to apply to update the register re the death - HMLR Guide: Start - External  · HM Land Registry.

Colliedog1

Thank you very much for your advice it’s been very helpful.