Q&As

A buyer is purchasing a registered property from the last surviving joint tenant's personal representatives. There is a JP restriction on the title so the property was held by the two deceased owners as tenants in common and the property is still registered in the names of both of the deceased owners. Can the transfer document be executed by the two executors of the last surviving joint tenant's estate only or does another trustee have to be appointed to sign on behalf of the estate of the first of the two deceased's owners to die?

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Produced in partnership with Helen Galley of XXIV Old Buildings
Published on LexisPSL on 05/02/2018

The following Property Q&A Produced in partnership with Helen Galley of XXIV Old Buildings provides comprehensive and up to date legal information covering:

  • A buyer is purchasing a registered property from the last surviving joint tenant's personal representatives. There is a JP restriction on the title so the property was held by the two deceased owners as tenants in common and the property is still registered in the names of both of the deceased owners. Can the transfer document be executed by the two executors of the last surviving joint tenant's estate only or does another trustee have to be appointed to sign on behalf of the estate of the first of the two deceased's owners to die?

Whether or not joint proprietors are joint tenants in equity or tenants in common they hold the legal estate as joint tenants so that on the death of one the other takes the legal estate by survivorship. The surviving joint tenant ‘the survivor’ then holds the property on trust for those beneficially entitled, prima facie, the survivor and the deceased joint tenant’s estate. On the death of the survivor, the legal estate will vest in the survivor’s personal representatives.

We are told that in this case a JP restriction was registered at the Land Registry indicating that the original joint tenants held the property on trust for themselves as tenants in common in equal or unequal shares. By a JP restriction, we assume that what is meant is a restriction in Form A directing that a sole trustee cannot give a good receipt for proceeds of sale.

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