Probate advice - transferring 50% of property

[zico]

I'm planning to do the probate process myself for my father's estate. This should be fairly simple as he left everything to me, and his estate falls below the IHT threshold. The only complication is that my father and I owned 50% each of his house as tenants-in-common. I'd appreciate any advice on how I go about arranging to get 100% of the house after probate.

[Clitheroekid]

The legal title will transfer to you automatically, by survivorship. You just need to register the death at the Land Registry by using the relevant form - https://www.gov.uk/government/publicati ... rietor-djp

If, as there should be, there's a Form A restriction in place you'll need to apply to remove it. This is done on form RX3 - https://www.gov.uk/government/publicati ... ration-rx3 accompanied by supporting evidence in a form ST5 - https://www.gov.uk/government/publicati ... -truth-st5

Simples!

[swill453]

The legal title will transfer to you automatically, by survivorship.

Is that true, for a tenants-in-common arrangement?

Scott.

[zico]

Thanks CK. That sounds reasonably simple!

[Clitheroekid]

The legal title will transfer to you automatically, by survivorship.

Is that true, for a tenants-in-common arrangement?

Yes, thought it often causes confusion.

The legal title always passes by survivorship. It's the beneficial title that doesn't. That's why it's normal practice to register a Form A restriction against a joint title when the joint tenancy is severed - without it a buyer could assume that the sole owner was beneficially entitled to the whole of the sale proceeds.

[zico]

If I registered the death at the Land Registry and apply to remove the form A restriction, do i still then need to wait for probate to be completed before selling the house?

[Clitheroekid]

If I registered the death at the Land Registry and apply to remove the form A restriction, do i still then need to wait for probate to be completed before selling the house?

You can't transfer title without the grant of probate, but there's no reason to delay putting the house on the market. You / your agent will simply advise prospective buyers that you're awaiting probate, so they'll know there will be a delay.

[zico]

The legal title will transfer to you automatically, by survivorship. You just need to register the death at the Land Registry by using the relevant form - https://www.gov.uk/government/publicati ... rietor-djp

If, as there should be, there's a Form A restriction in place you'll need to apply to remove it. This is done on form RX3 - https://www.gov.uk/government/publicati ... ration-rx3 accompanied by supporting evidence in a form ST5 - https://www.gov.uk/government/publicati ... -truth-st5

Simples!

Do I need to submit all 3 forms together, or do I first register the death at the Land Registry, and then apply to remove the Form A restriction later?

[zico]

I'm looking at the ST5 (statement of truth) form required to cancel a Form A restriction.

Questions 3 and 4 are confusing me a bit, because they ask for documents to support my application.

Insert details of the nature of the interest(s) protected by the restriction and what has happened to the interest(s).

3 Explain what has happened to the beneficial interest protected by the restriction. (Provide accurate and relevant information). You should include certified copies of any documents showing this.

Please send us copy documents not originals, but confirm they are true copies by writing at the top of page 1: “I certify that this is a true copy of the original”, then sign and print your name, and date your signature.

4 If the interest has passed to the registered proprietor or proprietors, or the survivor(s) of them, explain how this happened. (Provide accurate and relevant information.)

You must explain how the interest has passed.

For question 3, do I simply say "my father died on 2nd December 2022" and enclose a birth certificate.
For question 4, do I say "I applied to be sole proprietor and received letter from Land Registry (ref - XXX.YYY) to say this had been completed.

[monabri]

my father and I owned 50% each of his house as tenants-in-common.

As "zico"s name is already on the title ( currently 50%) then, having completed the DJP, RX3, ST5 forms, the TR1 form is not needed.