What form to complete- Death of joint tenant but is held in trust i am beneficiary

hi there.<br> <br> My mother held 50% of property and the other 50% in trust for me with my name on the title deeds. Mother has passed away and I am the executor and sole beneficiary. I am not selling the property<br> What form do I complete please to notify you?<br> <br> Kind regards<br> <br> Fiona Ridge

Hi Fiona - If you are just looking to update the register by removing your mother's name from the title then you can submit a <a href="https://www.gov.uk/government/publications/deceased-joint-proprietor-djp">form DJP</a> together with a certified copy of the Death Certificate.<br> <br> However, if there is a restriction on the title stating no one person can give a valid receipt of sale (known as Form A restriction) and you wish the title to show you as the sole legal and beneficial owner, then please refer to our <a href="https://www.gov.uk/government/publications/devolution-on-the-death-of-a-registered-proprietor">Practice Guide 6</a>, particularly section 7 and 8, for the additional requirements.&nbsp;<br> <br> Hope this helps.&nbsp;

Hi Nimish Thanks for your email. I will be completing the DJP form.<br> However, you are correct that there is a restriction on it; Half of property was effectively my father's half left in trust to me and my mother owning the other half.<br> ;My name had been put on the title deeds as owning 50% in trust with my mother as per my father's will.&#160; So I am still a bit confused about which form to complete in regard to that. I am the executor and the sole beneficiary, so do I need to complete a different form to add my name as the sole legal and beneficial owner as well as a form requesting to remove the Form A restriction?&#160; &#160; OR does removing the form A restriction and the removal of my mother's name via the DJP mean that i will then be shown as the sole legal and beneficial owner?<br> KInd regards<br> <br> Fiona

Hi Fiona - Could you give me the title number so that I can see what is on the register to enable me respond to you properly.&#160;

Hi Nimesh<br> <br> I'm sorry for the delay in replying - i was having trouble signing in....<br> The title number is: K929214<br> <br> Many thanks indeed for your help.<br> <br> Kindest regards<br> <br> Fiona

Hi Fiona - form DJP + certified copy of death certificate and forms RX3 and ST5 to cancel the form A restriction are required. The register would then be updated to show you as the sole legal and beneficial owner<br> See PG 6 for guidance -&#160;<a href="https://www.gov.uk/government/publications/devolution-on-the-death-of-a-registered-proprietor">Devolution on the death of a registered proprietor (PG6) - GOV.UK</a><br> K929214

Hi Adam<br> <br> Thanks for your message.&#160; I'm a bit confused about this - why is an RX3 required, as it says to only complete it if you are not the beneficiary, but I am the beneficiary, and the executor.&#160; I also have Grant of Probate.&#160;<br> <br> Please would you clarify this.<br> <br> Kind regards<br> <br> Fiona

Hi Fiona - the use of the word beneficiary is different in each context.<br> The form RX3 is a generic form used to cancel any restriction and generally by the actual owner. The beneficiary of a restriction would withdraw it using form RX4 hence the warning note not to use it if your are the beneficiary of the restriction<br> Where the restriction is a form A (or B or C) then these relate to 'trusts' and shares in the beneficial ownership. You can be a beneficiary under someone's trust (will being the main example) but that's a beneficiary re the deceased's estate and not a beneficiary in terms of a restriction on the title