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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34263
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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my partner died in January leaving a mortgage as joint tenants

Customer Question

my partner died in January leaving a mortgage as joint tenants in common his will left everything to me I am sole executor mortgage people wanted probate and a copy of the will explained that if house was willed to me estate would be worth than 5000 pounds which I believe probate is for they have written back to me saying the mortgage is now in my sole name following receipt of will and they have updated my records does this now mean I don't need probate and I own the property
Submitted: 2 years ago.
Category: Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello,
You should notify the Land Registry of your partner's death. If you have his death certificate, you do not need to apply for probate. The notification form is DJP:
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/352439/DJP.pdf
Upon receipt of the above form and the death certificate, your partner's name will be removed from the register.
Hope this helps
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Did you own the property as beneficial Joint Tenants or as Tenants in Common - as this will decide what you have to do next
Clare
Customer: replied 2 years ago.

tenants in common

Expert:  Clare replied 2 years ago.
Hi
If it was definitely Tenants in common then I am afraid that you will indeed need to obtain a Grant of Probate so that you can Transfer the Property into your sole name at the Land Registry.
The option outlined above would only work if you were Beneficial Joint Tenants
I hope that this is of assistance - please ask if you need further details
Clare