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Posted Tue, 30 Jul 2024 14:30:58 GMT by Viral P
My grandmother recently passed away and her will states that all her assets and estate will go to my grandfather. 

They both held a property together at tenants in common - this was not the property they have lived in for the last 4 years however.

Do we need to apply for probate in order to remove my grandmothers name on the property so my grandfather is the sole owner? Or do I just need to complete and sent to the Land Registry forms DJP, along RX3 and ST5 to remove the tenancy in common and revert to simple joint ownership, a death certificate and certified copy of the will?

Thanks

 
Posted Tue, 30 Jul 2024 15:59:54 GMT by Adam Hookway
Viral - if it's registered in their joint names with a form A restriction then form DJP plus copy death certificate and then RX3/ST5 to cancel the form A restriction is sufficient.
You don't need probate as the legal ownership passes to your grandfather and not her estate. And we don't need the will
Posted Tue, 30 Jul 2024 17:53:25 GMT by Viral P
Thanks Adam, might be a silly questions but what is a form A restriction, and how do I know if there is a form A restriction?

Thanks
Posted Wed, 31 Jul 2024 06:06:23 GMT by Adam Hookway
Viral - a form A restriction is also known as a joint proprietor restriction and owners often apply to register it when they sever their joint tenancy/become tenants in common
As you used the term TIC I assumed that's what you were referring to -apologies
Joint property ownership: Overview - GOV.UK (www.gov.uk)
If you haven't checked the register then you can do so online for £3
Search for land and property information - GOV.UK (www.gov.uk)
Posted Mon, 05 Aug 2024 12:12:39 GMT by Viral P
Hi Adam, I understand it to be tenant in common ownership based on the Proprietorship Register on the Title register stating.
No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court.

With regard to the forms, i assume they will still all need to be completed. Can they be send over in one go or do i need send them in an order and wait for a response before sending the next?

Thanks
Viral
Posted Mon, 05 Aug 2024 12:43:53 GMT by Adam Hookway
Viral - you can send them all together to update the register re the death and cancel the form A restriction. If you want to apply separately you can also do that and there's no order to follow

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