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Posted Sun, 19 May 2024 07:10:59 GMT by ANGELA YOUSSEF
My parents own their main residence as tenants in common 50/50.

My Mum sadly passed away last month. In her will she states that she would like her share to go to myself and my two brothers but my Dad is to live in the property until his death.

My Dad has the same written in his will so that in the event of his death, his share will also be shared between the three of us.

Do I need to do anything with Land Registry about this? Do I need to inform you of her death?
Or do I just keep her will safe so that when my Dad passes away I then just transfer the entire ownership at this point of the property to myself and two brothers.
Posted Sun, 19 May 2024 07:48:00 GMT by Adam Hookway
Angela - I'm sorry to read of your loss. We can't tell you if you 'need' to do anything and it's very much something you should all discuss to understand what the wills, TIC and more now mean and what's best for your Dad and the beneficiaries. We deal with the outcome of such deliberations and discussions and I would always recommend seeking wider legal advice as appropriate just so that you all understand the current legal position as well as what can happen in the future and what's 'best' to do (if anything) 
From a purely registration perspective the legal ownership has passed to Dad to deal with as and when appropriate. Your beneficial interests still exist and I suspect they applied for what's known as a form A restriction on the register to protect the beneficial split/wills/TIC you refer to. See joint property ownership
Whilst Dad could transfer the legal ownership to himself and others that may not be the 'best' thing to do 
So one option is to do nothing and leave things as they are and as you have suggested. 
You could also update the register re the death but that's not compulsory as the death is sadly factual and that can be dealt with as and when any other register update takes place
So there are things to be considered but doing nothing is also an option but please do seek legal or wider advice as to what's best as there's no need as things stand but could be depending on what you all decide is 'best'

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