web
You’re offline. This is a read only version of the page.
close
Skip to main content


Posted Thu, 02 May 2024 14:27:38 GMT by Suzanne Masser-King
My parents hold their property as tenants in common with a Form A restriction. My father has now passed away and his Will leaves his 50% share of the property is to be held in trust (my mother and I are the Trustees and she has a life interest in the property). I have no siblings and I will be the ultimate beneficiary of this trust.

We are now selling the property and I would like to know the correct action in order for a smooth transaction. Should I just record my father's death with Form DJP, or do I need to add myself and my mother as Trustees to the register? I have read lots of the guidance, but there seems to be multiple answers and I am more confused. Also we have not applied for Probate - do we need to in order to update the register, or does the Will suffice? She will be buying another property from the proceeds of the sale.

My main concern is that doing the wrong thing could jeopardise the house conveyancing.

Many thanks. Suzanne
Posted Thu, 02 May 2024 14:44:31 GMT by Adam Hookway
Hi Suzanne - these things can be confusing, especially with the more you read re other people's scenarios/experiences.
We can't advise you on the 'correct course of action' as that's not our role. We register the outcome of any decisions made and update the register as appropriate.
Many joint owners create trusts/wills/shares in this way and protect them by applying for and registering a form A restriction. The idea is that the trust remains until the second joint owner dies, hence the life interest created.
If the property is to be sold then the form A restriction restricts your Mother from transferring the ownership on her own. 
In such cases the most common way of dealing with the sale/purchase is for her to appoint someone to act with her and together you then transfer the property. The logical person to be included would be you but it doesn't have to be.
Our Practice Guide 21 section 6.2 explains how this is done and it is the guidance the conveyancers would most likely rely upon also
Probate is not required as the legal ownership of the property has passed to Mum and does not form part of your late Father's estate.
HIs death is very sadly factual so there's no need to update the register using form DJP if you are selling. The buyer will need a certified/official copy of the death certificate to confirm the death. Neither they or us require sight of his will. 
I hope that helps
Posted Fri, 03 May 2024 09:19:09 GMT by Suzanne Masser-King
Thank you for you quick reply. The information you have given is very helpful. Just to clarify, the legal ownership still passes to my mum, even though my parents were tenants in common as opposed to joint tenants. 

Thank you.
Posted Fri, 03 May 2024 13:01:24 GMT by Adam Hookway
Suzanne - that is correct. The TIC you refer to relates to their beneficial ownership. We register the legal ownership and that is always dealt with as a whole. You can't split it into shares so if you have two registered owners, irrespective of whether they are TIC or joint tenants, the legal ownership passes as a whole to the surviving owner.
The legal ownership is essentially the land plus building. It can't be split as you can't have half the bricks each or half a kitchen.
The beneficial ownership relates to the value of the land and building. So the £s and pence if you like and of course that can be split hence they can leave a share of the value to a child or relative. It's that beneficial split such as in a will or trust deed that makes them TIC and which often means that they apply for an register a restriction on the title to show that such a split has happened.
Hope that helps to explain things and doesn't confuse matters further 

You must be signed in to post in this forum.

Sign in