Updated October 2026 · Fraser Bond
Legal · Ownership
Tenants in common and inheritance
No survivorshipshare passes by will
Form Arestriction
Second trusteeto sell
Joint tenantscompared
In short: When property is owned as tenants in common, each owner has a separate share. When one dies, their share does not automatically pass to the other owners. It passes under their will, or under the intestacy rules if there is no will. Joint tenants are different: the survivor automatically owns the whole property. A Form A restriction on the title means a sale usually needs two trustees. Fraser Bond can value, let or sell inherited and shared property.
| Joint tenants | Tenants in common | |
|---|---|---|
| Shares | Owned together as a whole | Separate shares, equal or unequal |
| On death | Survivor owns it all | Share passes by will or intestacy |
| Title restriction | Usually none | Form A restriction |
| Selling after a death | Survivor can sell | Usually needs two trustees |
How ownership type affects inheritance
What happens after a death
1
Find the willIt decides who inherits the share.
2
ProbateThe executors usually need a grant of probate.
3
DecideKeep, buy out, let or sell.
4
Sell if neededA second trustee is usually appointed so a sale can go through.
Dealing with an inherited property?
- Probate and sales valuations
- Letting while the estate is settled
- Sales with experienced progression
- Clearance and refresh before marketing
Frequently asked questions
Does the surviving owner inherit automatically?
Not with tenants in common. The share passes under the will or intestacy rules.
Can I change from joint tenants to tenants in common?
Yes, by severing the joint tenancy, usually with a written notice and a Land Registry application.
Can Fraser Bond value an inherited home?
Yes, for probate or sale.
Need a probate or sales valuation?
Get a free valuation for inherited or shared property.
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