Devolution on the death of a registered proprietor (PG6)
What to do following the death of a joint, sole or last surviving proprietor of a registered estate, charge or mortgage (practice guide 6).
Applies to England and Wales
Documents
Details
This guide sets out the evidence required for applications relating to the death of a registered proprietor and deals with registered estates only.
We only provide factual information and impartial advice about our procedures. Read more about the advice we give.
More information
Read more information in:
- Update property records when someone dies
- Deceased joint proprietor (DJP), which is application form DJP to remove the name of a joint proprietor from the register, after a death.
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Updates to this page
Last updated 14 October 2024 + show all updates
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We have clarified the guidance in the third paragraph in section 4 concerning the death of a joint proprietor where the legal estate vests in the surviving registered proprietor(s).
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Sections 4 and 7 have been updated to clarify how the well-established rule of survivorship affects joint proprietors and that personal representatives of a deceased joint proprietor are not entitled to be registered as proprietors.
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Section 8 has been amended to clarify what evidence is required for the removal of a restriction in Form A from the register.
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The guide has been amended to provide more information about our requirements for the grant of representation for a deceased owner, and our practice when registering a personal representative pursuant to a grant ad colligenda bona or a disposition by such a personal representative.
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Section 2.5 has been added to give guidance on vesting and/or transfer of property as bona vacantia on intestacy.
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Section 5 has been updated to reflect current practice where it appears from the application that the property being registered may be subject to a charge for inheritance tax.
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Section 2.2 has been amended to clarify that where a conveyancer’s certificate is lodged in support of an application it must confirm that the grant of probate, letters of administration or court order is not limited.
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Section 1.1 has been amended to clarify that we will destroy documents you send to us even if they are original certified copies.
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Section 2.3.2 has been amended to include information on grants ad colligenda bona.
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A new section 2.3.1 clarifies that after a grant of representation has been issued, a personal representative may delegate their function as executor or administrator to an attorney but his must be done by a power made under section 25 of the Trustee Act 1925 (as amended by section 5 of the Trustee Delegation Act 1999) which can last only 12 months and so has to be renewed if the delegation is to be for a longer period.
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Section 2.2 has been amended to assist us in identifying the type of application.
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Section 2 has been amended to clarify that an appointment of personal representatives obtained outside the UK is not acceptable unless it has been resealed by a court of probate in the UK.
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Section 2.2 has been amended to add guidance on limited grants of administration and details of the certificate we require in those situations.
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Section 2.1 has been amended to clarify that, where a conveyancer is supplying a certificate, that certificate must include confirmation of the granting of the grant of probate, letters of administration or court order in the United Kingdom.
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Note 3 of section 2.2 has been amended to clarify why we request a statutory declaration or statement of truth from the attorney confirming that, as at the date of the disposition, they had not received notice of the death of the executor or person entitled to the grant of letters of administration, or of an application by that person for a grant of representation.
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Section 8.4 has been amended. Only grants made in one of the countries in The Colonial Probates Act Application Order 1965 can be resealed under the Colonial Probates Act 1892. Others may be capable of being resealed but some personal representatives will need to obtain a completely fresh grant.
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Sections 2.1 and 2.2 have been amended to clarify our practice in relation to limited grants of representation, including additional evidence required for attorney grants.
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Section 8.4 has been added to clarify our existing practice on foreign grants of probate.
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A minor change has been made to section 1.1 to cross-refer to our practice of accepting first registration applications with certified copy deeds only.
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Section 7 has been amended to agree with the evidence asked for on form ST5 to remove a joint proprietor restriction. There is no change to current practice.
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Section 7 has been amended to refer to a new form ST5 created to support applications to cancel Form A restrictions.
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Section 3 has been amended as a result of the Presumption of Death Act 2013.
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Welsh version added.
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First published.