DJP for flat with freehold and leasehold

My father died in November. He jointly owned with my mother the leasehold on the upstairs flat in which they lived (CU265977). Guidance indicates it is easy to complete DJP and send proof of death to change ownership to just my mother.

As an inquest is pending until March 2026, is it sufficient to sent the Coroners Interim Fact of Death certificate as evidence? 

However, on the freehold for the building (CU175812) the register shows 3 way ownership with my father, mother and the man in the downstairs flat. It would appear this ownership is as tenants in common based on this entry under Proprietorship Register entry 2 "RESTRICTION: No disposition by a sole proprietor of the land (not being a trust corporation) under which capital money arises is to be registered except under an order of the registrar or of the Court." My fathers will leaves everything to my mother in a straightforward manner.

What forms are needed to remove my fathers name from the freehold? Is that also DJP? If so, presume the applicants in field 5 would be my mother and the man downstairs?

Does my fathers will mean his share of the tenancy in common goes to my mother? Would probate be required by HMLR to change the freehold? 

Many thanks

 

Laura - I am sorry for your loss and yes, the coroner's Interim fact of death certificate is ok as supporting evidence 
The same form DJP and evidence can be submitted for both title numbers.
The legal ownership of the freehold has passed to your Mother and the other joint owner. Probate for your late Father is not required.
The form A/joint ownership restriction is often applied for where a trust exists or shares in the beneficial, not legal, ownerships are created. We don't register the shares you refer to and I would recommend that you seek legal advice to confirm what the beneficial ownership arrangement is with the joint freeholder and how that has been impacted/changed following the death. It's important for you all to understand what for example happens next if either your Mother or the other joint owner were to die and how the deceased's beneficial ownership/share might be dealt with/realised.

Thanks. Your reply is so helpful.

Just to clarify, if the DJP form can be used for both titles - do you mean fill in on exactly the same form, quoting both Title numbers in field 2? If so, should the other joint owner from the downstairs flat be one of the applicants in field 5 and sign field 8?

Or is it simpler to do a DJP for the freehold and a DJP for the leasehold?

We appreciate the comment to seek legal advice about the beneficial ownership. Will a solicitor be able to confirm the shares split?

Guessing the DJP form could be done by us anyway to alter the legal ownership anyway. But would it be better to do that after consulting a solicitor or would it not really matter which way around?

Thanks again

Laura - one form and both titles. Anyone can submit such an application + supporting evidence as very sadly the death is factual and proven by the death certificate for example. You don't need a third party/owner to also sign/apply
Any 'shares split' will presumably have been discussed/understood at the time the freehold was transferred into the co-freeholder names e.g. your parents + the other party. If no such discussion/understanding or formal deed entered into then your legal rep can explain how the situation would be treated in law, for example if your Mother or the third party were to die and what happens next
Which way round you do it is of no consequence as again the death is factual. There is no actual requirement to update the register re the death as it can be proven in the future as and when for example the property is sold/remortgaged as well
My advice would be to seek legal advice first to understand the situation both re your late Father and Mother's joint ownership and what happens going forward both re their own leasehold title and the shared freehold. Understanding how the legal and beneficial ownerships work here, especially following a death, will help you both in the future. 
And any outcome re the freehold aspect can be shared/formalised as appropriate withy the third party freeholder if that's what the legal rep advises.
We register the outcome of such decisions and as such can't advise on the details involved re options available and what's 'best' etc hence the recommendation to always seek legal advice so you and Mum understand what's what going forward as well
I hope that makes sense and helps in some small way