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Inheriting from tenant in common
Inheriting from tenant in common
Posted
Fri, 08 Aug 2025 08:11:38 GMT
by
Julia S
My parents owned their house as tenants in common. My father died a few months ago and his will stated that he wished to pass on his share of the house to his trustees, namely my mother and his 3 children (myself and my 2 brothers). <br> Please could you let me know which forms need to be completed to effect this transfer of ownership?<br> We have not needed to obtain a Grant of Probate for any other aspect of dealing with his estate. Do we need to for this?<br> <br> As a secondary question, my mother does not wish to receive her portion of my father’s share. Can his tenant in common ownership be passed to only the three of us?<br> <br> Many thanks
Posted
Fri, 08 Aug 2025 09:19:30 GMT
by
Adam Hookway
Julia - sorry to read of your loss<br> This topic is covered a fair bit across the forum and our online assisted guidance explains how to apply to transfer the legal ownership in such a scenario - <a href="https://customerhelp.landregistry.gov.uk/guide-page-external/?stepid=c48ca216-8d82-eb11-a812-000d3ad48f95&kbonly=true&setanswer=">HMLR Guide Page  · HM Land Registry</a> <br> The legal ownership passed to your Mother to deal with following the death so probate is not required<br> We register the legal ownership as a whole hence why she would be the one to transfer it to herself plus anyone else. The tenants in common, shares and trust you refer to all relate to the beneficial ownership. We don't register/record who owns what share so if she has a share of your late Father's beneficial ownership and she doesn't want it., that doesn't affect/alter the registered information <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 legal representation. Before making an application without legal representation, it is important to <a href="https://www.gov.uk/guidance/making-an-application-without-legal-representation">consider the benefits of using a conveyancer.</a>
Posted
Fri, 08 Aug 2025 11:20:46 GMT
by
Julia S
<p>Thank you for your speedy reply. I have looked at quite a few previous threads, but am still a little unsure. This thread, <a href="https://customerhelp.landregistry.gov.uk/forums/forms/a3ccca70-38e3-ef11-b542-002248430cd6">https://customerhelp.landregistry.gov.uk/forums/forms/a3ccca70-38e3-ef11-b542-002248430cd6</a> seems to be most relevant.</p> <p>From this, it seems I need forms TR1 and AP1. I would also need to complete form DJP and submit a certified copy of the death certificate. Please could you confirm that this is correct?</p> <p>Many thanks</p>
Posted
Fri, 08 Aug 2025 11:23:50 GMT
by
Adam Hookway
Julia - AP1, TR1 plus ID1/ID3 for everyone involved. Copy death certificate too but you don't need form DJP as that's a stand alone application form to note the death only. You are transferring the legal ownership so form AP1 is the application form <br>  
Posted
Fri, 08 Aug 2025 11:39:03 GMT
by
Julia S
That's really helpful, Adam. Thank you.
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