Forms following Death of Tenant in Common

A relation (X) of a family friend is the Executor and sole residuary beneficiary of an Estate which includes a jointly owned property with a registered title held as tenants in common, following the severance of the joint tenancy and registration of a restriction, by the Deceased. The property has not been dealt with and X has not received their share of the net proceeds of sale. X would like to know what forms need to be submitted given these events and to ensure that their beneficial interest in the property is protected, and in particular that the property could not be sold or transferred by the surviving joint owner or their Attorney/Executor without X receiving their share of the net proceeds of sale.

Richard - the beneficial share(s) are already protected by virtue of the form A/joint ownership restriction as applied for when the joint tenancy was severed https://www.gov.uk/joint-property-ownership

Richard - I would recommend seeking legal advice to clarify how and when your friend might be able to realise their beneficial share and what rights they and the surviving joint owner have in such a scenario. Likewise what options exist for example should the surviving joint owner also die

Adam, many thanks for coming back so quickly. Am I right in thinking that in view of the restriction, if the surviving joint owner wishes to sell or transfer the property they will need to obtain an order from the Court, in the absence of consent from the Executor of the deceased joint owner’s Estate? If that is the case, should a copy of the deceased's death certificate and Grant of Probate to their Estate (identifying the Executor) be lodged with HMLR by their Executor now? Without that, the surviving joint owner will not know the identity of, or have an address for, the Executor of the deceased joint owner’s estate, and neither would the Court if an application was made to it, which would in turn mean that notice of the application could not be given to the deceased joint owner’s Executor. Then, if those documents are filed can copies be requested and provided to any party requesting them in the sale or transfer of the property? Many thanks for your further assistance, Richard.