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Can a surviving joint tenant update land registry to include other joint tenants immediately?
Can a surviving joint tenant update land registry to include other joint tenants immediately?
Posted
Fri, 25 Oct 2024 12:17:32 GMT
by
R Thompson
If a property is owned by a married couple as joint tenants, and one member of the couple dies, it is my understanding that the ownership of the property automatically passes to the surviving joint tenant. To update the land registry in that case, form DJP would be completed. However, if that surviving person wishes to immediately gift the property to their children either in its entirety or by adding additional joint tenants without removing their own name, can they bypass form DJP and immediately update the land registry to include the names of the children, or do they first need to make the update to reflect ownership in their sole name and then make a second change to add the children? Is probate required for this update or can it be done based on the existence of the death certificate for the first joint tenant?
Posted
Fri, 25 Oct 2024 12:30:19 GMT
by
Adam Hookway
R Thompson - form DJP is solely used to update the register re a death. If there is a next step/linked transaction such as a Transfer by the surviving owner to whoever, then form DJP is not needed. The application to register the transfer should include a certified copy of the death certificate to confirm the death.
Probate is not required as the legal ownership of the property does not form part of the deceased's estate. The Transfer can be completed by the surviving joint owner but taking into account what's to happen re the deceased's beneficial share
Posted
Fri, 25 Oct 2024 13:02:34 GMT
by
R Thompson
Thanks so much! That is what I was surmising but it is extremely reassuring to have it confirmed. I really appreciate your rapid response, Adam!
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