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Death of Tenant in Common - Probate Needed?
Death of Tenant in Common - Probate Needed?
Posted
Mon, 10 Feb 2025 13:13:27 GMT
by
Anna Welsh
Hello,
My dad passed away in November. His property was registered under tenants in common. In his will, my dad left his half of the property to my brother and I. My mum owns the other half of the property.
Together, we will be sending off the forms required for the change of name for my dad's half of the property.
For the other elements of my dad's estate, we have not required probate in order to deal with it, therefore we have not yet applied for it.
Is a grant of probate required by land registry to carry out the above?
Thank you.
Posted
Mon, 10 Feb 2025 13:45:21 GMT
by
Adam Hookway
Hello Anna - I am sorry to read of your loss
Where a property is jointly owned, and one of the owners dies, the legal ownership passes to the surviving joint owner. The property does not form part of the deceased's estate so probate is not required. The TIC/half share relates to their beneficial ownerships
If the property is to be transferred to new legal owners then the transfer would be by your Mother and of the whole legal title/property.
Please do seek legal advice as to what options exist and what's 'best' in such circumstances before applying to update the register
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