Q&As

Registered land is held by two people as tenants in common in equal shares. One tenant in common has died and a grant of probate has been issued to their estate. Form DJP (deceased joint proprietor) will remove the deceased’s name but can the executor’s name be added instead? The co-operation of the surviving tenant in common will not be forthcoming for any application.

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Produced in partnership with Helen Galley of XXIV Old Buildings
Published on LexisPSL on 27/04/2022

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

  • Registered land is held by two people as tenants in common in equal shares. One tenant in common has died and a grant of probate has been issued to their estate. Form DJP (deceased joint proprietor) will remove the deceased’s name but can the executor’s name be added instead? The co-operation of the surviving tenant in common will not be forthcoming for any application.

Registered land is held by two people as tenants in common in equal shares. One tenant in common has died and a grant of probate has been issued to their estate. Form DJP (deceased joint proprietor) will remove the deceased’s name but can the executor’s name be added instead? The co-operation of the surviving tenant in common will not be forthcoming for any application.

Although the beneficial interests in the land are held as tenants in common in equal shares, the legal estate is held as joint tenants. As a result on the death of one of the joint registered proprietors of registered land the remaining proprietor will take the entire legal estate by survivorship. An application, normally on Form AP1 but which may be done using non-statutory Form DJP (deceased joint proprietor), may be made to alter the register by removing the name of the deceased proprietor from the title but evidence of death must be provided. Where the death is of a sole surviving proprietor, the personal representative (PR) of the deceased may be registered themselves in place of the deceased (see the Land Registration Rules 2003 (LRR 2003), SI 2003/1417, r 163 as amended) or the PR may make an assent or execute a transfer in their capacity as PR without being so registered (see LRR 2003, SI

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