Thanks for your question. I will try to help.
Where two people own a property together, they can decide to hold as tenants in common whenever they wish.
Where one person wishes to change and the other does not, the one who wants to change can do it without the consent of the other person. They can change to tenants in common even though the other person does not want to change.
This is the same for all properties in the uk, it’s completely normal. All that has to be done is the person wishing to change would have to complete form SEV from land registry, then serve a notice on the other owner and then apply to change it to tenants in common at land registry.
So, he can do this whether or not the other brother agrees.
If your mother’s Will express that they must hold the property as Joint Tenants then this would be unusual but it would not stop the brother actually being able to change it at land registry.
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If it was expressed in the Will that they would inherit the property strictly to the condition that they must hold as Joint Tenants then the brother may (may) have a cause of action against the brother wishing to change it, but I cannot comment specifically because I cannot confirm what was in the Will.
If you consider that the Will is clear on the point then the brother who does not wish to change needs to see a property/probate solicitor immediately as a matter of urgency to confirm his rights.
If it were changed to tenants in common then neither can sell the property without the other brother's consent, because both signatures are required to any sale contract and also (importantly) to the land registry transfer. The property cannot be sold unless they both agree or if there is a court order stating it should be sold.
Yes, although that states they should inherit as joint tenants, it does not deal with the future - it does not state that they must hold it as joint tenants for the rest of their lives.
My view is that it falls short of obligating them to hold as joint tenants for the rest of their lives, but you should still take the Will to a probate solicitor for a consultation to check whether there are any other parts which are more precise.
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No, provided the person wishing to change service a notice (ie. a letter) on the other confirming they are severing the joint tenancy and changing to tenants in common then that person can make the application to land registry without the other's consent or signatures to have it changed