Evening all,
Husband and wife own property tenants in common. Husband dies leaving whole estate to wife (so they should have been joint tenants really). What is the work involved in getting the legal title back into wife’s sole name? Is an assent required or can it be done more easily than that? Do we need to obtain Probate or can that be avoided?
Many TIA!
Hi Deborah,
An RX4 to remove the restriction. Spouse will/may need to sign a declaration to confirm that she is beneficially entitled. She is the Legal owner now, so she can sign all the paperwork as the sole legal owner.
Once you notify the LR of the death, the spouse will automatically be the sole legal owner, but the restriction will remain which may cause delays if she comes to sell - hence the above steps.
Hope that helps
I would usually advise that strictly speaking a Grant should be obtained to deal with TIC half share. However, a more pragmatic approach could be taken, with removing the restriction as per other reply here. That is the property law approach. However I would want to be satisfied of the background and previous advice - why was it owned as TIC? Was there a previous Will with an interest in possession Trust? Are there just children or any step-children involved? I am always cautious in these cases and make it clear to client that strictly a Grant is required and only use a “work around” where I am confident no family issues or other factors to consider.
Thank you both and the advice would be the same if it were mum and only daughter owning as Ts in C and mum dies?
I would agree with the analysis of @Skippyp and would be cautious as to what the intentions of the Mother were such that the property is held as TIC. Have you reviewed the Will? She may have wanted to leave her half share to another family member or a Partner. I would therefore recommend obtaining a Grant of Probate in this scenario.
Thank you all for your feedback. I’m about to prepare an RX4. Can I just check that I can just send that and that no AP1 is required? Many thanks.