Death of Joint Proprietor ( DJP?)

[monabri]

Currently we own a share in a flat which is rented out. The share distribution is one-third to me, one-third my brother and one-third our mum. Mum died and we wish to notify land registry of the death and modify the ownership to 50:50 in mine and my brother's name. We believe that the Deceased Joint Proprietor (DJP) form is the one to use..is this correct?

(Probate is through and we are the estate executors, a will was in place).

[tacpot12]

I can't confirm, but the Land Registry have a helpline you can call. They should be able to tell you the correct form to us.

[Lootman]

Currently we own a share in a flat which is rented out. The share distribution is one-third to me, one-third my brother and one-third our mum. Mum died and we wish to notify land registry of the death and modify the ownership to 50:50 in mine and my brother's name.

I would have thought that the ownership is already 50/50. In a joint tenancy ownership passes to the surviving tenants immediately upon the death of one tenant. And joint tenancies can only be in equal shares between tenants.

So it is not the land registry that changes the ownership. They merely document that the ownership has already changed.

And if you don't do that it doesn't matter. When my father died in 1990 my mother did not change the title of the home they jointly owned. Then when she sold her house in 2007 the solicitor who handled the sale simply made the change as part of the conveyancing.

[modellingman]

Currently we own a share in a flat which is rented out. The share distribution is one-third to me, one-third my brother and one-third our mum. Mum died and we wish to notify land registry of the death and modify the ownership to 50:50 in mine and my brother's name.

I would have thought that the ownership is already 50/50. In a joint tenancy ownership passes to the surviving tenants immediately upon the death of one tenant. And joint tenancies can only be in equal shares between tenants.

So it is not the land registry that changes the ownership. They merely document that the ownership has already changed.

And if you don't do that it doesn't matter. When my father died in 1990 my mother did not change the title of the home they jointly owned. Then when she sold her house in 2007 the solicitor who handled the sale simply made the change as part of the conveyancing.

I agree and have similar experience. With two siblings I inherited my mother's house. We rented it out for several years before selling it. The solicitor handling the sale dealt with any matters related to the title transfer.

modellingman

[Clitheroekid]

Currently we own a share in a flat which is rented out. The share distribution is one-third to me, one-third my brother and one-third our mum. Mum died and we wish to notify land registry of the death and modify the ownership to 50:50 in mine and my brother's name. We believe that the Deceased Joint Proprietor (DJP) form is the one to use..is this correct?

(Probate is through and we are the estate executors, a will was in place).

You need to distinguish between the legal ownership and the beneficial ownership.

The legal ownership is vested in the names that are registered at the Land Registry, and if it's in the names of all three of you then sending the DJP will effect a transfer into the names of you and your brother.

However, if, as I assume you did, you held as tenants-in-common rather than joint tenants, the beneficial interest held by your mother will pass according to the terms of her Will.

If she left it equally between you then you don't need to do anything, but if she left her beneficial interest to someone else you will need to involve that beneficiary, either by transferring the one third share to them in accordance with the Will or by buying it off them.

If you transfer it they may (though it's not strictly necessary) want their name added to the title, which would involve you having to execute a transfer of the legal title into the three names and then applying to register it.