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Posted Thu, 17 Oct 2024 09:56:58 GMT by Umesh Gohil
Dear Sir/Madam

Title No: EGL472287

We are seeking your assistance in transferring the legal title of  the above property following the passing of one of the owners.

Could you kindly advise whether a probate is necessary, or if a death certificate can be submitted along with form DJP

We also note that they are two restrictions registered on the title Will this be an issue when transferring the property to the other joint holder

Many thanks for your assistance in this matter
Posted Thu, 17 Oct 2024 10:27:54 GMT by Adam Hookway
Umesh - if one of joint proprietors has died then form DJP and death certificate is sufficient. Probate is not required to deal with the property as the legal ownership passes to the surviving joint owner to deal with.
There is no transfer so the restrictions remain. 
Posted Thu, 17 Oct 2024 10:33:23 GMT by Umesh Gohil
Thank you for your prompt response.

Am I correct in understanding that because the property is held as Joint Tenants and not Tenants in Common, you do not require a Probate

Many thanks for your assistance in this matter
Posted Thu, 17 Oct 2024 10:53:48 GMT by Adam Hookway
Umesh - you need to separate out the legal ownership and the beneficial ownership when dealing with registered land and property
We register the legal ownership so if there are joint owners, and one dies, the legal ownership passes to the surviving owner. That's irrespective of whether they are JT or TIC. Probate is not required re the property as the property does not form part of the deceased's estate. 
The beneficial ownership is where the JT and TIC come in from a registration perspective. If they have applied for a form A restriction, often associated with TIC, then that will catch any sale/mortgage by the sole surviving. Probate is still not needed but the surviving owner may need to appoint someone to act with them on any sale for example. And after the purchase price (capital monies) have been paid they are then both responsible for dealing with the deceased's beneficial share 
The easiest way I find to describe the difference between the legal ownership and beneficial ownership is that the former is the land/building, bricks & mortar - that can't be split as you can't have half the bricks, half a kitchen and half a bathroom for example
The beneficial ownership relates to the value of the land/building and bricks & mortar, so the £s and pence. That can of course be split but only once the property is turned into £s and pence. 
So whilst probate is not needed in a joint ownership scenario, whether JT or TIC, the deceased's beneficial share still needs to be accounted for
Hope that makes sense and helps
Posted Thu, 17 Oct 2024 11:09:53 GMT by Umesh Gohil
Dear Adam,

Thank you for your comprehensive explanation regarding the significance of legal and beneficial ownership. I appreciate your assistance in this matter.

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