Updating the Land Registry After a Tenant in Common Passes

Managing Land Registry After the Death of a Tenant in Common

When a tenant in common passes away, updating the Land Registry is an essential part of managing their estate. Tenants in common each own a distinct share of a property, which does not automatically transfer to the co-owners upon death. Instead, their share becomes part of their estate and is distributed according to their will or intestacy laws.

At Fraser Bond, we provide expert guidance to navigate this process smoothly, ensuring all legal and administrative requirements are met.

What Happens When a Tenant in Common Dies?

Tenants in common own separate shares of a property, which can be unequal. When one co-owner dies:

• Their Share Does Not Automatically Transfer: Unlike joint tenancy, the deceased’s share remains part of their estate.
• Probate May Be Required: Executors must obtain a Grant of Probate to manage the deceased’s share.
• Land Registry Must Be Updated: Changes must reflect the new ownership structure.

Steps to Update the Land Registry

1. Notify the Land Registry:
   Inform the Land Registry about the death of the tenant in common. You will need to provide:

   • A copy of the death certificate
   • Completed forms such as AP1 (application to change the register) and DJP (death of a joint proprietor form)

2. Determine Ownership of the Deceased’s Share:

   • If a will exists, the share is distributed as per the instructions.
   • If there’s no will, intestacy rules determine how the share is allocated.

3. Obtain Probate:
   Executors must apply for a Grant of Probate (if a will exists) or Letters of Administration (if no will exists) to manage the deceased’s estate.

4. Transfer the Share:
   The executor can transfer the deceased’s share to the beneficiaries or sell the property if required.

5. Update the Title Deed:
   Submit the updated ownership details to the Land Registry. This ensures the property title reflects the new ownership structure.

Documents You’ll Need

• Death Certificate: Proof of the tenant in common’s death.
• Grant of Probate or Letters of Administration: Legal authority for executors to manage the estate.
• Land Registry Forms: Such as AP1 and TR1 (if ownership is being transferred).

Challenges You May Encounter

• Disputes Among Beneficiaries: Conflicts may arise over how the deceased’s share is managed or distributed.
• Missing Paperwork: Delays can occur if required documents are unavailable or incomplete.
• Legal Complexities: Certain scenarios, such as shared mortgages, can complicate the process.

How Fraser Bond Can Help

Handling the Land Registry after the death of a tenant in common can be a complex process. Fraser Bond offers tailored support to simplify the journey:

• Expert Legal Guidance: We work closely with solicitors to ensure all legal requirements are met.
• Probate Assistance: Our team supports you in obtaining probate and managing the deceased’s estate.
• Land Registry Management: From form submissions to title updates, we handle all administrative tasks.
• Conflict Resolution: We mediate disputes among beneficiaries to reach amicable solutions.

Conclusion

The death of a tenant in common requires careful attention to legal and administrative details, particularly when updating the Land Registry. Fraser Bond’s expertise ensures this process is handled efficiently and effectively, giving you peace of mind during a challenging time.

Contact us today for professional support with Land Registry changes and estate management.