AS1/DJP

Good afternoon

I am (attempting) to assist my mother-in-law with her duties as executor of a will and would be grateful if you could please provide some guidance.  I am a real estate/development solicitor but haven't dealt with post-probate LR applications before!

The legal title is held as joint tenants and the beneficial title is held as tenants in common (50/50).  One of the co-owners has passed away and left their share of the property in their will to my mother-in-law as beneficiary (also executor of the will).  Probate has been granted but I would now like to check whether the Land Registry need to be updated.  

Please confirm whether you only require form DJP given that the remaining JT will remain on the title (albeit the beneficial title will be the remaining JT and my mother-in-law) or whether form AS1 is required.  If AS1 is required, please confirm whether any wording in panel 11 is required confirming that the transferee is to hold the property as tenant in common with the surviving proprietor or similar. 

Many thanks
Ellie

Good afternoon Ellie - I am a bit confused by the information that you have provided with regards to the joint tenancy status.  Are you able to give me the title number so that I can confirm the register first?

Hello Ellie - I have not had any response so have set out a response which hopefully will answer your question. 

An application to register the beneficiary of the share of the deceased proprietor using a form AS1 is not correct.  The form AS1 clearly indicates that it is for Assent of whole of registered title. 

Where the property is registered in the names of two people, one of whom has died, the personal representative of the deceased proprietor cannot as assent a share in the legal estate.  The legal estate automatically vests in the surviving proprietor.   Only the deceased proprietor’s beneficial interest passes on under the terms of their will or intestacy. 

Please refer to the guidance on our website on How to update property records when someone has died.  You may also find the information in our Practice Guide 6 of use.  

I hope this helps. 

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Hi Nimish

My apologies, I didn't receive an email updating me that you had responded!

The title number is AA6384.  I have realised, reading back at my original query, that I have got the ownerships the wrong way around!  Legal title is tenants in common as indicated by the Form A restriction below.  

(20.11.2019) RESTRICTION: No disposition by a sole proprietor of the
registered estate (except a trust corporation) under which capital
money arises is to be registered unless authorised by an order of the
court.

I think your response still stands in that the Land Registry title does not need to be updated.  The legal title will automatically vest in the living proprietor but the beneficial title would be as per the will (ie inherited 50% share of the deceased).  

Please confirm that this is correct and no update to the LR title is required in this case.

Many thanks
Ellie 

 

Hi Ellie - thanks for sharing the title number. Your understanding is correct

The legal ownership passes to the surviving joint owner and does not form part of the deceased's estate. For that reason probate is not required with regards the property but may be needed for other matters
Form DJP + certified copy of the death certificate (or probate) can be submitted to update the register re the death. The form A/joint ownership restriction would remain on the register to protect the wills/trust/beneficial ownerships

The legal ownership is always dealt with as a whole and cannot be split. If a sole legal owner dies then forms AP1 and AS1 can be used by the executor to transfer the legal ownership to a beneficiary
If a joint legal owner dies, and the legal ownership is to be transferred, then the surviving joint owner can do that using forms AP1 and TR1 to transfer the title to themselves + the beneficiary

It is vitally important for beneficiaries and surviving joint owners to get legal advice to consider options, how to deal with the beneficial ownership/share and decide what's best for all involved. That may mean doing nothing re the registered information as the death is sadly factual and can be updated on the register at any time. Or it may mean transferring the legal ownership.