Resolving tenancy in common on death - LR paperwork

H+W bought a house as tenants in common and a Form A restriction was placed on the title. 50 years later, H died leaving his entire estate outright to W.

Are we correct in thinking the following will be required to vest the property in W’s sole name, or is there a quicker solution:

  1. Form DJP / death certificate
  2. Form RX3 with supporting ST5, grant and assent of 50% share.

It makes sense but I thought I should check that there isn’t a shortcut.

(Incidentally, nobody knows why it is tenants-in-common. It was 1970.)

Andrew Goodman
Osborne Clarke LLP

I have done this a few times. The procedure you have outlined is correct, although I do not usually prepare a ST5, but rather recite the facts in box 9 (including the wording in box 5 or 6 of the ST5).

More importantly, a Grant is not required as the legal title passes by survivorship and the surviving spouse can apply to remove the restriction. A copy of the Will shall suffice.

Kind regards.

Ihsan Ali
I Will Solicitors Ltd

I usually just send DJP and RX3 with copy of the will showing spouse has inherited (not by survivorship as Ihsan says) and include the usual statement in box 9 that the spouse is absolutely entitled and the deceased’s share is unencumbered etc.