The Two Routes: Joint Tenancy and Tenants in Common
How property passes after death in England and Wales depends almost entirely on how it is owned. There are two forms of co-ownership, and they produce very different outcomes on death.
Joint Tenants
- ✓ Both owners hold 100% together — no distinct shares
- ✓ Right of survivorship applies on death
- ✓ Property passes automatically — no probate needed
- ✓ Survivor applies using Form DJP at Land Registry
- ✗ Cannot leave your share to anyone other than the co-owner
- ✗ Not suitable for blended families with children from previous relationships
Tenants in Common
- ✓ Each owner holds a defined share (e.g. 50/50 or 70/30)
- ✓ Share can be left to anyone in a will
- ✓ Suitable for blended families and asset protection planning
- ✓ Can be combined with a life interest trust
- ✗ Probate required to deal with the deceased's share
- ✗ More complex administration on death
Probate and the HMRC Valuation
When a sole owner or tenant in common dies, the executor named in the will must apply for a Grant of Probate. This is the legal document that gives the executor authority to deal with the estate — including the property.
Before applying for probate, the executor must obtain a professional market valuation of the property as at the date of death. This is typically carried out by a RICS-qualified surveyor or a reputable local estate agent. The valuation is then declared to HMRC on the inheritance tax forms — either Form IHT400 (for taxable estates) or Form IHT205 (for smaller estates). HMRC has the power to challenge a valuation it considers too low, so it is important to obtain a robust, documented assessment.
Once probate is granted, the executor has two options: transfer the property to the beneficiary named in the will, or market it for sale. In practice, the most common course of events is that the property is marketed for sale — the proceeds are then distributed to the beneficiaries after any inheritance tax, debts, and administration costs have been settled.
The Probate Process for Property — Step by Step
Obtain a market valuation
Commission a RICS surveyor or estate agent to value the property at the date of death. Keep the written report for HMRC.
Complete the HMRC inheritance tax forms
Declare the property value on Form IHT400 (or IHT205 for smaller estates). Pay any inheritance tax due within six months of death.
Apply for the Grant of Probate
Submit the probate application to the Probate Registry with the will, death certificate, and IHT forms. The Grant typically takes 8–16 weeks.
Transfer or sell the property
Use Form AS1 (Assent) to transfer the property to a beneficiary, or instruct estate agents to market it for sale. Update the Land Registry using Form AP1.
Land Registry Forms After Death
The forms required to update the Land Registry register after a death depend on how the property was owned. Using the wrong form — or submitting without the correct supporting documents — will cause the application to be rejected.
| Form | Purpose | When Used |
|---|---|---|
| Form DJP | Deceased Joint Proprietor — removes the deceased's name from the register | Surviving joint tenant only |
| Form AS1 | Assent — transfers the property from the estate to the beneficiary | Sole owner or tenant in common (after probate) |
| Form AP1 | Application to change the register at HM Land Registry | All transfers after death |
| Form ID1 | Identity verification for parties not represented by a solicitor | Where no solicitor is acting |
| Form SEV | Notice of severance — converts joint tenancy to tenants in common | During lifetime planning (before death) |
Blended Families: The Most Complex Scenario
Blended families — where one or both partners have children from a previous relationship — present the most challenging property planning scenarios. The competing interests of a surviving spouse and children from a first marriage must be carefully balanced.
If the property is held as joint tenants, the right of survivorship means the survivor inherits everything. The children of the first to die have no automatic entitlement to the property — and if the survivor remarries or changes their will, those children may receive nothing at all.
The standard solution is to sever the joint tenancy (converting to tenants in common) and include a life interest trust in the will. This gives the surviving spouse the right to live in the property for the rest of their life, while preserving the deceased's share for their own children on the survivor's eventual death.
Life Interest Trust (Recommended)
- •Surviving spouse has a protected right to live in the property for life
- •Deceased's share is held in trust — not owned outright by the survivor
- •On the survivor's death, the trust share passes to the deceased's children
- •Protects against the survivor remarrying and leaving everything to a new partner
- •May also protect the trust share from residential care fee assessment
Absolute Gift to Children (Higher Risk)
- •Deceased's share passes directly to children on death
- •Children become co-owners with the surviving spouse
- •If children sell their share, the survivor could be forced out of their home
- •Children's financial difficulties (divorce, bankruptcy) could affect the property
- •Not recommended where the survivor needs security of tenure
Tenants in Common: Passing via Will, Trust, or to the Survivor
Where property is held as tenants in common, the deceased's share does not pass automatically. It forms part of their estate and is distributed according to their will — or, if there is no will, under the intestacy rules.
The will can direct the share in several ways:
- To the surviving spouse or partner outright: The simplest option — the survivor becomes the sole owner. Suitable for couples without children from previous relationships.
- Into a life interest trust: The survivor has the right to live in the property for life. On their death, the share passes to the named beneficiaries (typically the deceased's children). The recommended approach for blended families.
- Directly to children: The deceased's share passes immediately to the children. The survivor and children become co-owners. This carries the risk of the survivor being forced out if the children wish to sell.
- Into a discretionary trust: The trustees have discretion over who benefits and when. Provides maximum flexibility but requires careful drafting and ongoing trustee management.
Severing a Joint Tenancy
If you currently own your property as joint tenants but wish to leave your share to someone other than your co-owner — or to protect your children's inheritance — you can sever the joint tenancy at any time during your lifetime.
Severance is achieved by serving a written notice on the other owner and registering a Form SEV (Notice of Severance) at HM Land Registry. Crucially, you do not need the other owner's consent — either owner can sever unilaterally. Once severed, the property is held as tenants in common and each owner can leave their share as they wish in their will.
Severance should always be accompanied by a review of both owners' wills to ensure the new ownership structure is properly reflected. A will that was drafted when the property was held as joint tenants may not adequately deal with the tenants in common share.
Need Advice on Property and Inheritance Planning?
Whether you need to sever a joint tenancy, update your will, or plan for a blended family, our wills and estates team can advise you on the right structure for your circumstances.
Frequently Asked Questions
Is there such a thing as a "transfer on death deed" in England and Wales?
No. A "transfer on death deed" does not exist in England and Wales. HM Land Registry does not allow you to name a beneficiary directly on a property title. Instead, property passes after death through the right of survivorship (for joint tenants), under the terms of a will (for tenants in common), or via the intestacy rules if there is no will.
What happens to a jointly owned property when one owner dies?
If the property is held as joint tenants, the right of survivorship applies — the surviving owner automatically inherits the deceased's interest without the need for probate. The survivor simply applies to HM Land Registry using Form DJP (Deceased Joint Proprietor) with a certified copy of the death certificate. If the property is held as tenants in common, the deceased's share forms part of their estate and must pass through probate.
What is the difference between joint tenants and tenants in common?
Joint tenants own the property together as a single unit — neither owner has a distinct share. On death, the survivor automatically inherits. Tenants in common each own a defined share (e.g. 50/50 or 70/30). On death, the deceased's share passes according to their will or, if there is no will, under the intestacy rules. Tenants in common can leave their share to anyone — not just the co-owner.
How does property pass through probate?
When a sole owner or tenant in common dies, the executor named in the will must apply for a Grant of Probate. This gives them legal authority to deal with the estate. Once probate is granted, the executor obtains a professional market valuation of the property, declares it to HMRC on the inheritance tax forms (IHT400 or IHT205), and then either transfers the property to the beneficiary using Form AS1 (Assent) and Form AP1, or markets it for sale.
What Land Registry forms are needed to transfer property after death?
The forms required depend on the ownership structure. For surviving joint tenants: Form DJP (Deceased Joint Proprietor) with a certified death certificate. For sole owners and tenants in common: Form AS1 (Assent — to transfer the property to a beneficiary), Form AP1 (Application to change the register), and Form ID1 (identity verification if no solicitor is acting). All forms are submitted to HM Land Registry with the Grant of Probate and the applicable fee.
How is property valued for probate?
The executor must obtain a professional market valuation of the property as at the date of death. This is typically carried out by a RICS-qualified surveyor or estate agent. The value is declared to HMRC on the probate inheritance tax forms. HMRC may challenge the valuation if they consider it to be understated, so it is important to obtain a robust, documented valuation.
What is a life interest trust and why is it used for property?
A life interest trust (also called a property trust or life interest in property) is a trust written into a will that allows a surviving spouse or partner to live in the property for the rest of their life. On their death, the property passes to the named beneficiaries — typically the children of the first to die. This structure is particularly useful for blended families, as it protects the surviving spouse's right to remain in the home while ensuring the deceased's share ultimately reaches their own children.
How should blended families plan for property inheritance?
Blended families — where one or both partners have children from a previous relationship — face particular challenges. If the property is held as joint tenants, the survivor inherits everything and the children of the first to die have no automatic entitlement. The recommended approach is to sever the joint tenancy (converting to tenants in common) and use a life interest trust in the will. This allows the survivor to remain in the home while preserving the deceased's share for their own children.
Can I sever a joint tenancy and how?
Yes. Either co-owner can sever a joint tenancy unilaterally by serving a written notice of severance on the other owner and registering it at HM Land Registry using Form SEV. Once severed, the property is held as tenants in common and each owner can leave their share as they wish in their will. Severance does not require the other owner's consent.
What are the risks of leaving property directly to children rather than using a trust?
Leaving your share of the property directly to your children (an "absolute gift") means the children become co-owners with the surviving spouse. If the children choose to sell — or face financial difficulties such as divorce or bankruptcy — the surviving spouse could be forced out of their home. A life interest trust avoids this risk by giving the survivor a protected right to remain in the property for life.