Tenants in common after form DJP processed?

[jim]

Basic set up is that land was held as tenants in common by P, A & B as
shown on the land certificate.

As advised by the Land Registry, their form DJP (death of joint
proprietor) was submitted after the death of P. Land Reg returned a
new style title document showing the proprietors simply as A & B (as
tenants in common).

However this seems to have ignored P's will which contains a clause
devising P's share.

Has P's share disappeared into a black hole or what?

[Chris R]

Post by jim
Basic set up is that land was held as tenants in common by P, A & B as
shown on the land certificate.
As advised by the Land Registry, their form DJP (death of joint
proprietor) was submitted after the death of P. Land Reg returned a
new style title document showing the proprietors simply as A & B (as
tenants in common).
However this seems to have ignored P's will which contains a clause
devising P's share.
Has P's share disappeared into a black hole or what?

A & B hold the legal title on trust for themselves and the estate of P (or
whoever is entitled to his share). The equitable interest will not appear on
the title document.
--
Chris R

========legalstuff========
I post to be helpful but not claiming any expertise nor intending
anyone to rely on what I say. Nothing I post here will create a
professional relationship or duty of care. I do not provide legal
services to the public. My posts here refer only to English law except
where specified and are subject to the terms (including limitations of
liability) at http://www.clarityincorporatelaw.co.uk/legalstuff.html
======end legalstuff======

[Robin]

Post by Chris R

Post by jim
Has P's share disappeared into a black hole or what?

A & B hold the legal title on trust for themselves and the estate of
P (or whoever is entitled to his share). The equitable interest will
not appear on the title document.

I don't wish to worry the OP but I vaguely recalled being told of a
potential issue in these circs. and searching finds it is documented,
albeit with no clue as to how commonly it is a practical problem. In
summary, and oversimplifying, there seems to be nowt to stop A & B
selling, leaving P's PRs to find them and sue: see eg
http://www.practicalconveyancing.co.uk/content/view/9057/1111/

[Percy Picacity]

Post by Robin

Post by Chris R

Post by jim
Has P's share disappeared into a black hole or what?

A & B hold the legal title on trust for themselves and the estate
of P (or whoever is entitled to his share). The equitable
interest will not appear on the title document.

I don't wish to worry the OP but I vaguely recalled being told of
a potential issue in these circs. and searching finds it is
documented, albeit with no clue as to how commonly it is a
practical problem. In summary, and oversimplifying, there seems
to be nowt to stop A & B selling, leaving P's PRs to find them
and sue: see eg
http://www.practicalconveyancing.co.uk/content/view/9057/1111/

The obvious solution would be for P's executors to register a charge on
the land, but do they have a right to do so?

[Chris R]

Post by Percy Picacity

Post by Robin

Post by Chris R
A & B hold the legal title on trust for themselves and the estate
of P (or whoever is entitled to his share). The equitable
interest will not appear on the title document.

I don't wish to worry the OP but I vaguely recalled being told of
a potential issue in these circs. and searching finds it is
documented, albeit with no clue as to how commonly it is a
practical problem. In summary, and oversimplifying, there seems
to be nowt to stop A & B selling, leaving P's PRs to find them
and sue: see eg
http://www.practicalconveyancing.co.uk/content/view/9057/1111/

The obvious solution would be for P's executors to register a charge on
the land, but do they have a right to do so?

They don't have a charge on the land, so clearly they cannot register one.
They may be able to register a notice, but I'm not sure if that's possible,
since bare equitable interests cannot usually be entered onthe register. The
protection is supposed to be that at least two trustees will be receiving
the money and are responsible for distributing it. The purchase r of the
land is not concerned about trusts so long as he pays his money to two
trustees.
--
Chris R

========legalstuff========
I post to be helpful but not claiming any expertise nor intending
anyone to rely on what I say. Nothing I post here will create a
professional relationship or duty of care. I do not provide legal
services to the public. My posts here refer only to English law except
where specified and are subject to the terms (including limitations of
liability) at http://www.clarityincorporatelaw.co.uk/legalstuff.html
======end legalstuff======