• Title Absolute When Someone Is Deceased?

    By Guest on 05th Jan 2017

    Me and my sibling where left our mothers share of her estate in her will when she died. However she owned the property with her husband. We were due to be left her percentage of the estate however on the land registry only her partners name is down as the title absolute. Could he have removed her name and is there anyway of finding out if her name was removed at any point? Our solicitor is trying to tell us we have a lost case as only his name is on the deeds however it is also down as a tenancy in common. Where can we go from here? Thanks

  • 1 Answers

    By Guest on 01/03/2017

    When two people own a property jointly and one dies the survivor can remove the deceased's name from the register by submitting form DJP to Land Registry with a copy of the death certificate. A key indicator of this is the date in brackets next to the name of the proprietor in section B of the Official Copy of Register of Title. If this date is after the date the property was originally purchased it means that the owner details have been changed. If the date is after your mother's death this lends weight to the theory that her name has been removed. The Land Registry keep records of these changes so they will be able to confirm. If your mother was joint owner at the time of her death then even though her name has been removed her husband still holds the property on trust for himself and her estate and is under a legal duty to ensure that her share (or the equivalent in money) is paid to her executor to distribute according to her will

  • Post Your Answer


  • Do you want to be informed of further comments / replies? Yes No

Ask a Question

Search