Joint Tenancy

I am handling the probate of an individual who purchased a property in 1975 that remains unregistered with the Land Registry.  The mortgage, along with all related deeds and paperwork, is in the names of both the deceased and their widow.

However, I have not found any documentation explicitly stating whether the property is held as 'joint tenants' or 'tenants in common'.

I did come across a completed but unsubmitted FR1 form, filled out by the deceased. In Section 9, the option indicating that they “hold the property on trust for themselves as joint tenants” is ticked. 

For Inheritance Tax (IHT) purposes, can it be presumed that the property is held as joint tenants?  Furthermore, upon registration, would the Land Registry record the ownership as joint tenants based on the information in the FR1 form?

Thanks for your help,

Jo

J Reed - we can't advise you on IHT so you'd need to contact HMRC re same
We will base any new registered information on the new form FR1 and accompanying documents/deeds. If you submit the old form FR1 then that can be taken into account but panel 9 of the new form FR1 plus the actual purchase deed from 1975 would be taken into account also

Hi Adam, thank you for your quick response. 

I had already contacted HMRC, but they informed me that property ownership wasn't something they can get involved with.

I’m at a lost how to proceed. 

Land Registry appear to be the only authority capable of determining the type of property ownership.  However, with digital registrations taking 1.5 years, this method of having an official opinion wouldn't be practical.

I've read that when no ownership type is specified, the default legal assumption tends to favour joint tenancy.

In this situation the seller is called David Brown, and the purchasers are Robert Smith and Rebecca Smith.  Robert Smith is the person whose probate I am dealing with (names have been changed):

Conveyance front page reads:

'D. BROWN ESQ. to MR. AND MRS. R. SMITH Conveyance of (property address)'.

Second page reads:

 'This Conveyance is made the first day of May one thousand nine hundred and seventy five BETWEEN DAVID BROWN of (property address) ….. (hereinafter called "the Vendor") of the one part and ROBERT SMITH and REBECCA SMITH of (their address) (hereinafter called "the purchasers") .....

Robert Smith & Rebecca Smith are only ever referred to as 'the purchasers'.  Tenancy type is not mentioned at all in the Coneyance or any other document in the deeds or mortgage paperwork.

The unsent FR1 form signed by Robert Simith clearly indicates that he believed the property was held as joint tenants with his wife, Rebecca Smith.

Given this, I would appreciate clarification on whether the Land Registry, after reviewing the evidence above, would most likely recognise Rebecca Smith as the joint tenant of the property, and consequently following Robert Smith's death and under the right of survivorship the property will automatically go to Rebecca Smith.   

I cannot see how the ownership could be considered tenants in common as there is no mention about the buyers having specific shares and it would therefore be impossible to prove.

Any help would be much appreciated in order to complete the probate form.
 

Hi J - they wouldn't be able to advise on land ownership matters. But a single enquiry re IHT would be for them if relevant of course. Otherwise try online forums such as Money Saving Expert where IHT queries are often aired and shared with posters often being able to help one another.
There is no 'authority' for determining how joint owners might hold the property. The register is not definitive re such matters and so it will be a mix of details that should help you or anyone else decide how it was held. Even a registered title is not definitive as joint owners can sever their joint tenancy through a trust deed, wills or other arrangement that is then not reflected on the actual register. There always has to be an application to register a form A restriction for example as that's generally what TICs would apply for but they don't have to
You are correct that most will presume that IF the deeds/documents make no mention of such an arrangement then they held as joint tenants. But you would still need to read their wills and consider any other arrangements, agreements or debts etc that may also impact. There may be none but such details wouldn't be held by HMRC or Us for example 
So in the absence of any information to the contrary and how the application form is completed and submitted, the assumption would be to register them as joint tenants as there's nothing to suggest otherwise.