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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Last updated 28 February 2022 + show all updates
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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.