I am dealing with unregistered title to a property. Mother and Father owned property in joint names subject to a joint tenancy. Root of title is conveyance to them from 1960. Father died first so Mum became sole legal owner. Mum made a will leaving real and personal estate to 2 daughters, so to “X and Y and if more than one in equal shares”. Probate was issued to the 2 daughters.
There were no changes made to the title to the property following Mum’s death. X then passed away. Can we assume (subject to no further evidence being present) that X and Y held their beneficial interests in the property as joint tenants?
If this is the case as the survivor, Y can attend to first registration and in effect assent the property to herself?
Joanne Ball Solicitor