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misto | 16:09 Wed 16th Jun 2010 | Law
5 Answers
I bought a peoperty with my mother some time ago and the land registry still has my Mother's name but she has since died.
The property was bought in common so no need for probate, entitlement to the property was automatic.

How do I get her name removed.
Many thanks
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There's a very simple form to fill in. It's available as a PDF
http://www1.landregis...ary/documents/djp.pdf
or as a Word document:
http://www1.landregis...ary/documents/djp.doc
There's no fee to pay. See here:
http://www1.landregis.../public_guide_009.pdf
You can find the address of the office to which you must send the form by going to 'Customer service > Office finder' here:
http://www.landregistry.gov.uk

Chris
"The property was bought in common".
If you are right about this (and I take it you mean tenants in common), then I reckon you HAVE have got a problem. Tenants in common means that each of you owned a share in the property so the property does NOT automatically transfer to the other on death of the first.
Accordingly the half of the property is part of the estate of your late mother. What did her will say about leaving her assets to others?
I think the LR will decline to transfer the property into your single name without the probate documentation.
Yes, Buildersmate has a valid point. I probably scanned your question too quickly, noting only the reference for "no need for probate" rather than the words "in common".

If you bought the property as 'joint tenants' neither of you owned a specific share of the house. It was your legal partnership which owned the property. As the sole surviving partner you now own all of the house, with no to seek a grant of representation in respect of your mother's estate.

However if you were 'tenants in common' you each owned a specific share of the house (which would have been a half unless otherwise specified). Your mother was entitled to leave her share to ever she chose, so you'll need to show that you've rightfully inherited that share of the property. That means applying for a grant of probate (if she left a will) or for letters of administration (if she died intestate).

Chris
that's why my first reply to the misto's previous thread suggested probate had not been granted but what do I know? fekkin nowt about owt it seems
Isn't that what I said, Chris?

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