Death of Both Tenants in Common

<p>Hi. I have a similar question to some of the other posts but just wanted to check the understanding for my specific situation. My mother passed away in 2017 and my father passed away a few weeks ago. They changed from joint tenants to tenants in common in 2013.</p> <p>My mother left everything to my father and he has left everything to me as his sole child. I am not sure at this stage whether probate was done when my mother passed away and the register still shows both of them along with the Part A restriction. I plan to live in the house and transfer it to my name.</p> <p>My assumption from reading other posts is that when I complete the necessary forms I will need my mother's death certificate and the probate authority for my father. There is no need to do some sort of retrospective probate for my mother as the legal title passed to my father when she died. Is that correct?</p> <p>Please could you also help me understand what forms will be needed to transfer the property to me and to remove the restriction. Many thanks&lt;/p&gt;</p>

Hi Paul - I'm sorry to read of your loss<br> That is correct re death certificate and probate to confirm the deaths and your legal authority to now deal with the estate for your late Father, which includes the property.<br> Our online assisted guidance explains what's required to transfer the legal ownership as the executor to yourself as the beneficiary -&#160;<a href="https://customerhelp.landregistry.gov.uk/guide-page-external/?stepid=2a7a55c0-8e82-eb11-a812-000d3ad48f95&amp;kbonly=true&amp;setanswer=">HMLR Guide Page &#160;· HM Land Registry</a><br> To cancel the form A restriction you would need to complete and submit forms RX3/ST5 - see PG 6 section 8 for guidance on completion of the forms and the 'facts' needed -&#160;<a href="https://www.gov.uk/government/publications/devolution-on-the-death-of-a-registered-proprietor/practice-guide-6-devolution-on-the-death-of-a-registered-proprietor">Practice guide 6: devolution on the death of a registered proprietor - GOV.UK</a><br> Land registration is complex, designed to protect legal and financial interests in property. There can be significant consequences for any error. Please consider seeking&#160;legal representation. Before making an application without legal representation, it is important to&#160;<a href="https://www.gov.uk/guidance/making-an-application-without-legal-representation">consider the benefits of using a conveyancer.</a>

Thank you Adam for your quick reply and detailed information. That has set my mind at rest.&#160;

Hi Adam<br> <br> I'm not sure if page is still live but anyway here goes...<br> <br> My husband died intestate. We owned our home as Tenants in Common. I am his only beneficiary and have been granted Probate and have Letters of Administration. I would be grateful if you could you let me know which form(s) I would need to complete to transfer our home into my sole name. Many thanks.

Hi<br> I need some clarification on the forms to be completed to transfer my parent’s property into my name.<br> When alive my parents held their home as tenants in common. On the death of my father in 2013, as the executor and sole beneficiary of his will, I informed the Land Registry of his death and that I as the only child was to inherit his share in the property in line with the terms of his will for which I had obtained probate.( my mother by this time was a resident in a care home) The registry entry was amended to reflect this situation with the restriction on transfer for my mother’s share being left in place. My mother subsequently died in 2019 and once again I was the executor and sole beneficiary of her will for which once again probate was obtained. My question is given both parents have now died is it a matter of just informing the Land Registry of her death together with a copy of the will and probate and then completing the relevant transfer forms to register the property in my name? No sale of the property is involved.<br> Many thanks.<br> &#160;