monabri wrote: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.