Where a property is owned by the parties as joint tenants, the deceased’s share of the property automatically passes to the surviving joint owner on their death, this is known as the right of survivorship. If the property is owned as tenants in common, then the deceased’s share of the property will pass in accordance with their Will or under the rules of intestacy if there is no Will or valid Will.
The most common way to own a property is as joint tenants, however, there are reasons for changing this to tenants in common, an example of this would be to help protect a share of the property from care home fees. Specific advice should be taken in respect of the above.
When A Joint Owner Dies:
Despite a deceased’s joint tenants share automatically passing to the survivor(s), it is still important to notify the Land Registry of this change in order for them to update the register to show the sole survivor as the sole owner of the property. The Land Registry form DJP should be completed and sent to the Land Registry with a copy of the deceased’s death certificate to update the register. If the property is un-registered, then an application to update the register will also trigger first registration of the property. It is therefore important to keep an original death certificate of the deceased with the original deeds as this will be required when registering the property.
When A Tenant In Common Dies:
Where one of the parties dies and they held the property as tenants in common, the process is different depending on the deceased’s Will or if there is no Will, the intestacy rules. In most cases a Conveyancer will need to be appointed to transfer the property from the deceased and remaining owner(s) names to the remaining owner(s) and the Trustees of the deceased’s Will.
When A Sole Owner Dies:
If the property is to be sold, then the personal representatives will need to apply to the Probate Registry for a Grant of Representation. A Grant of Representation gives the personal representative(s) the authority to sell the property in accordance with the terms of the deceased’s Will. If the property is registered, then the personal representative(s) will often either assent the property to the person(s) who inherit it (beneficiaries) or transfer the property to someone else. If the property is unregistered, a transfer of ownership will trigger first registration.
How Can Timms Help?
If you have any questions regarding this blog, or any other Wills and Probate queries, please do not hesitate to contact me at c.ball-wood@timms-law.com or via phone on 01332 364436. Alternatively, visit the Wills & Probate page of our website here.