Tenants-in-common inheritance

by **pmfenton** on Thu Sep 01, 2011 2:24 pm

Hi

There's at least one similar question on here but I think my query is slightly different....

My parents owned their house as tenants-in-common. My dad died recently and his will says that his share of the property is given equally to my and my sister. Note that as far as I can see there's nothing in the will that says that the surviving spouse has the right to live in the property.

I've been quoted £375 + VAT, plus £4, plus £8, plus Land Registry fees of £280 to get this transfer done. I'd frankly much prefer to do it myself if possible as long as I'm not at risk of making a monumentally stupid mistake with the ownership of a house. Can anyone tell me exactly what Land Registry forms I'd need to fill in to sort this out? Is there anything else I need to think about?

Thanks in advance!

PMF

by **section 44** on Thu Sep 01, 2011 3:40 pm

Do you have the grant of probate?

by **pmfenton** on Thu Sep 01, 2011 4:13 pm

Not yet; I've just sent off the application for it.

by **maths** on Fri Sep 02, 2011 10:26 pm

The legal title will have passed automatically to your mother although I assume at Land Registry the legal title is still shown in the name of both parents.

You can file Form DJP and have your father's name removed. See:

http://www.landreg.gov.uk/upload/documents/djp.pdf

Your mother as sole legal title owner will hold the title in trust to the extent of 50% in favour of you and sister.

The legal title could be transferred into all three names if you wanted; not sure which form.

Land Registry very helpful. Check with them.