Death of tenant in common

My mother died two months ago. She and my father were tenants in common. Previously joint tenants but that was severed 8 years ago when they made wills leaving their respective halves of the house to me in trust. The trust gives my father extensive right to enjoy the house for his lifetime and then to me absolutely.&#160;<br> <br> I've been advised form DJP needs to be completed. Questions:<br> <br> 1) Should the form be completed by my father AND me or just him?<br> 2) Is that all that needs to be done while my father is alive and living in the house?<br> 3) There is currently an interim death certificate pending an inquest in October: is this sufficient for form DJP

Ruth - I am sorry to read of your loss<br> Form DJP plus copy death certificate updates the register re the death of your Mother.&nbsp;<br> 1) Doesn't matter as the death is very sadly factual as evidenced by the death certificate<br> 2) We don't advise on what 'needs to be done' in such cases. We register the update as applied for once those involved, you and your Father have considered what options exist and what's 'best'. Invariably couples have discussed that with a legal adviser when they decided to be tenants in common, set up the wills and trust etc. But it's always advisable to seek legal/financial advice as to what's best<br> 3) An interim death certificate as issued by a coroner is sufficient&nbsp;<br> <br> Land registration is complex, designed to protect legal and financial interests in property. There can be significant consequences for any error. Please consider seeking legal representation. Before making an application without legal representation, it is important to&nbsp;<a href="https://www.gov.uk/guidance/making-an-application-without-legal-representation">consider the benefits of using a conveyancer.</a>

Our parents owned under Tenancy in Common.<br> Dad died 20 years ago and Mum late last year.<br> Title still shows both their names.<br> <br> The property is now up for sale with a buyer agreed and we are told by the conveyancing solicitors that a grant of probate is required, and by our own solicitor that we should get our Dad's name removed from the title records which can be done with just a death certificate without waiting for the grant now applied for in relation to our Mum. I hold a grant for our Dad.<br> <br> I see information that suggests it would be now just down to the buyers to use the 2 forms TR1 and AP1, with the grant(s) we provide, to reflect the title change upon sale, and that there is no need to arrange for our Dad's<br> name removal beforehand.<br> <br> Do you agree or am I misinterpreting?&#160;<br> <br> There is little guidance I can find about title changes for when there is no surviving owner in a Tenancy in Common case.<br> <br> Thanks.

Graham - your understanding is correct and a buyer can rely on the death certificate/probate to confirm the deaths as appropriate<br> Probate is required for your Mum as she was the sole legal owner following your Dad's death. The legal ownership of the property did not form part of his estate so probate was not required at least with regards the property.<br> The TIC aspect relates to their beneficial ownerships and any wills/trust they may have created and owners often apply for what is known as a form A/joint ownership restriction in such cases. That restriction then restricts the sole surviving owner should they sell/mortgage the property on their own for example -&#160;<a href="https://www.gov.uk/joint-property-ownership">Joint property ownership: Overview - GOV.UK</a>&#160;<br> As both legal owners have now died the property can be sold (dealt with) by the executor(s) for your Mum.&#160;<br> If her grant of probate names a single executor (personal representative) then the form A restriction (if any) will restrict the sole executor in the same way as it would have your Mum.<br> However if there are two or more then it won't restrict them from then selling<br> <br> I would always recommend seeking legal advice when dealing with a property in such cases<br> Land registration is complex, designed to protect legal and financial interests in property. There can be significant consequences for any error. Please consider seeking legal representation. Before making an application without legal representation, it is important to&#160;<a href="https://www.gov.uk/guidance/making-an-application-without-legal-representation">consider the benefits of using a conveyancer.</a>

Thanks Adam,<br> It's nice when you get told you have understood things when it seems those you might expect to know in the profession seemingly don't!<br> <br> I will accordingly inform the conveyancing solicitor that we do not intend to act before the house sale to remove our Dad's name given that the buyer has both death certificates and can have copies of both grants of probate to evidence our entitlement to sell the property. Both myself and a brother are executors and grant applicants for our Mum.<br> <br> Is probate ever avoided if both halves of a property are held in correctly set up trusts and buyers can see evidence of that?<br> It's not a big issue now probate has been applied for but originally we were assuming the 2 trusts we had would avoid the need but our solicitor had us do a Deed of Appointment which we didn't realise ended his trust and the type of trust done for Mum evidently automatically ended upon her death too so ultimately it appears we were always destined to have to get a grant ahead of the house sale. We certainly feel that our solicitor fell short in their quality of guidance both when the trusts were set up and of late. Basic generic information on some help sheets could have answered many subsequent questions.&#160;<br> <br> Thanks again.&#160;<br> &#160;

Graham - probate can never be avoided where a sole legal owner has died. The split/halves you refer to relate to the beneficial ownerships&#160;<br> The wills/trust etc all relate to their beneficial ownerships and whilst we can register the form A restriction referred to the handling of the wills/trusts don't involve us and Deeds of Appointment can often be required but are not registered with us.&#160;