Please could I have views on the following:
I am instructed to prepare a deed of variation.
The deceased owned 2 properties. Property 1 passes by survivorship. Property 2 owned solely by deceased.
Property 1-The surviving joint owner wishes to vary so that her husband takes deceased’s share
Property 2- passes via will. Ownership to be varied by dov and all beneficiaries in agreement.
Can this all be incorporated as part of one deed of variation or is it best to do separate deeds?
I would usually recommend the use of separate deeds.
One reason for this is that the beneficiaries of property 1 might not want the beneficiaries of property 2 to know their business, and vice-versa.
Paul Saunders FCIB TEP
Independent Trust Consultant
Providing support and advice to fellow professionals
Thank you for your response, Paul.
It has since transpired that the solicitors that originally dealt with the purchase of property 1 registered the property as joint tenants in error and it should have been registered as tenants in common.
Are you aware if a the Land Registry would be willing to rectify this given that one of the joint proprietors is now deceased?
HM Land Registry only records the legal title, not beneficial interests.
Regardless of whether the property was owned as joint tenants or as tenants in common, the legal title will now be vested in the survivor – so nothing for the Land Registry to amend.
The deed of variation route would seem most appropriate, and perhaps the conveyancing solicitors will pay the costs thereof, mindful of the implications of the Court of Appeal’s decision in Carr-Glynn v. Frearsons [1998]
Paul Saunders FCIB TEP
Independent Trust Consultant
Providing support and advice to fellow professionals