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seanferguson13, Solicitor
Category: Law
Satisfied Customers: 31
Experience:  3 year qualified solicitor with expertise in UK taxation.
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My father died and my mother and father are both named in the

Customer Question

My father died and my mother and father are both named in the title register. Does that mean property automatically passes to my mother and can she sell it? Mother is sole beneficiary of fathers will
Submitted: 3 years ago.
Category: Law
Expert:  seanferguson13 replied 3 years ago.

seanferguson13 :

Hi there
There's two ways to hold legal title in a property: joint tenancy and tenants in common. With a joint tenancy two people own one indivisible title so when one owner dies, the other automatically gets the full title. Alternatively with a tenancy in common, divisible and identifiable shares are owned (e.g. 50%) and the share will not automatically go to the other owner on death. You will need to check the title on the land register to confirm this. Either way if your Mother is the sole beneficiary of your father's estate then she should inevitably end up with the full title and be free to do with the property as she wishes (subject to the debts of the estate (if any) and the restrictions on title).

seanferguson13 :

Hope this helps

seanferguson13 :

Hi there - do you have any further queries on this that I can help with? If not I'd be very grateful if you could close the question. Kind regards.