Probate Questions: Death of Joint Home Owner

Death of Joint Home Owner.

Death of Joint Home Owner: My Mother in law recently lost her husband after a long illness. His Will left all his estate to her. She would like to know if she has to have his name removed from their property deeds.  They were joint home owners.  And also how she would do this.

Regards
Dave

Probate Answers: Death of Joint Home Owner.

There are two types of joint property ownership – see http://www.tenancy-severance-service.co.uk/ for more details, but the potted version is:

1) Death of a Joint Home Owner as Joint Tenant

Each owner owns all of the property (in practical terms) so if one dies, the other automatically inherits their share, so those shares cannot be given away by Will.  Clearly, when the first one dies, the second will own the whole property, which they then CAN leave by Will.

In this case the procedure to register the property in the name of the survivor is relatively simple.  Whilst there is no requirement to take immediate action, it is better in the long run to do so as soon as practicable.

Assuming the property is Registered (and you can check on the Land Registry site), the form to fill in is a DJP from www.LandRegistry.gov.uk – the form is straightforward EXCEPT that it appears to ask for documents to be signed by a conveyancer.  Just ignore that individual tick box. I think it is still free.

If it isn’t registered then it really ought to be registered now, again a process which is much easier while one of the owners is alive.  It isn’t hard (once you get the papers) but it does take some time, so is expensive to do through solicitors.   Essentially it is a question of filling in a long form listing all the title documents and then sending the lot Special Delivery to the relevant Land Registry with the fee.

2) Death of a Joint Home Owner as Tenants in Common

Here, the owners all own a proportion of the property – usually half, but not necessarily.  If one dies, they can leave their share in their Will, subject to any restrictions in the original agreement which set up Tenants in Common.

  Death of Joint Home Owner