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Removing a deceased from the Title Deeds

Posted on Monday, 2nd March 2015 by

Where a property is owned in joint names and one of the owners dies, their name will not automatically be removed from the title deeds. It is not necessary to remove their name as in the event of a sale you would just need to evidence why the other owner is not a party to the contract, such as a Grant of Probate. Depending on how you owned the property; as joint tenants or tenants in common will dictate the level of evidence that is required. For example, a death certificate is enough for joint tenants but tenants in common may require additional evidence such as Grant of Probate and the need to appoint a Trustee to ensure two parties are signing the Transfer on behalf of the sellers.

However, if you wanted to make things more straight forward in the future you can apply to have the deceased name removed from the title by submitting form ( DLP) to the land registry with evidence of the death. There is no land registry fee payable.

If you were to do this and you previously owned the property as Tenants in common you may wish to consider also removing the Form A restriction if you are also the sole beneficiary of the deceased’s estate. The form A restriction states,  “No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered except under an order of the Court”. It is easier to remove this restriction now rather than on  future sale or transfer of equity as evidence required to remove the restriction may not be readily available at a later date.

For more information on removing  owner of a property, please contact us.

The information provided in all of our blogs reflects only a narrative of some elements to consider on the topic. The blogs do not contain considered legal advice and should not be relied upon as advice. Please see our website terms and conditions for full details of our disclaimer.  If you are interested in obtaining advice, please contact one of our solicitors who will be happy and able to advise you on your own particular circumstances.

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The information provided in all of our blogs reflects only a narrative of some elements to consider on the topic. The blogs do not contain considered legal advice and should not be relied upon as advice. Please see our website terms and conditions for full details of our disclaimer. If you are interested in obtaining advice, please contact one of our lawyers who will be happy and able to advise you on your own particular circumstances.

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Rebecca Gunn - Residential Conveyancing
Rebecca Gunn - Residential Conveyancing
Rebecca.Gunn@ehlsolicitors.co.uk 0116 402 6688
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