Joint Tenants vs Tenants in Common: What It Means When Someone Dies

The way a property is jointly owned decides what happens on death. Joint tenants pass their share automatically to the survivor; tenants in common each own a distinct share that passes through their estate. It changes whether probate is needed and how Inheritance Tax works.¹

When two or more people own a property together, the way they hold that ownership has a significant impact on what happens when one of them dies. The two main methods are joint tenancy and tenancy in common. They look identical day to day, but they produce very different results on death for probate, inheritance tax, and for beneficiaries.

Understanding the difference is one of the first things an executor or surviving co-owner needs to establish when a co-owned property is part of an estate.

The core difference

The essential distinction is this:

• Joint tenants do not each hold a defined separate share. They hold the whole property together. When one joint tenant dies, their interest automatically passes to the surviving joint tenant or tenants. This is called the right of survivorship. The deceased's interest does not form part of their estate.
• Tenants in common each hold a defined share of the property. That share can be equal or unequal. When one tenant in common dies, their share does not pass automatically to the other owner. Instead, it forms part of their estate and is distributed according to their will or the intestacy rules.

How joint tenancy affects probate

Because the right of survivorship operates automatically, a joint tenant's interest in a property passes to the surviving owner outside the estate entirely. No probate is needed for the property to transfer, regardless of its value.

The surviving joint tenant simply applies to the Land Registry to update the register. They do this by submitting form DJP (Deceased Joint Proprietor) along with a certified copy of the death certificate. The Land Registry removes the deceased's name from the title and the survivor becomes the sole registered owner.

This means that even a property worth several hundred thousand pounds can change hands without any Grant of Probate, provided it was held as joint tenants. However, it also means the deceased had no power to leave their share of the property to anyone else in their will. The will is simply irrelevant for that asset.

How tenancy in common affects probate

A tenant in common's share does form part of their estate. If the total estate (including that share) exceeds the relevant probate threshold, a Grant of Probate or Letters of Administration will be needed before the share can be transferred or sold.

The Land Registry will not remove a restriction from the title or register a transfer without a Grant in these circumstances. The property cannot be sold, remortgaged, or transferred until probate is obtained.

The deceased's share passes according to the terms of the will (or the intestacy rules if there is no will). This can create complex situations where the surviving co-owner now owns property jointly with the deceased's beneficiaries, who may have different priorities for what should happen to it.

How to find out which type applies

There is no single document that always states the type clearly. Here is where to look:

• Land Registry title register: If a "Form A restriction" appears in the proprietorship register, the property is held as tenants in common (or at least was at some point). The absence of this restriction usually indicates joint tenancy, but is not conclusive.
• TR1 form: The transfer form used when the property was purchased will have a panel (panel 10 in the current form) showing which option the buyers selected at the time.
• Deed of trust or declaration of trust: If the owners signed one of these documents, it will state the nature of the ownership and each party's share.
• Conveyancing file: The solicitor who acted on the purchase will hold records. The surviving owner or executor can request copies.

If you cannot find the relevant documents, a conveyancing solicitor can search the Land Registry title plan and register on your behalf.

Severing a joint tenancy

A joint tenancy can be converted into a tenancy in common at any time by one owner serving written notice on the other. This is called severance. It does not require the other owner's agreement, though they must be notified.

Severance is often used as part of inheritance tax planning. If a married couple hold their home as joint tenants, the whole property passes by survivorship to the survivor on the first death. The survivor then owns the whole property. This means only one NRB can shelter property on the eventual death of the survivor. Severing the tenancy means each spouse holds a defined half-share, which can pass under the will to children, potentially using the first spouse's NRB or RNRB and reducing the IHT exposure on the second death.

To sever a joint tenancy, one owner sends a written notice of severance to the other and registers a Form A restriction at the Land Registry. Once registered, the property is held as tenants in common in equal shares (unless a deed of trust specifies different proportions).

Inheritance tax: the important distinction

Joint tenancy and tenancy in common are treated differently for probate, but both types are relevant for inheritance tax.

• Joint tenancy: the deceased's share of the property does not form part of the probate estate but it does count for IHT purposes. HMRC includes the value of the deceased's share in the IHT calculation, even though it passes automatically to the survivor.
• Tenancy in common: the deceased's defined share forms part of both the probate estate and the IHT estate.

The key IHT relief is the spouse exemption. Assets passing to a surviving UK-domiciled spouse or civil partner are fully exempt from IHT, regardless of value. This applies whether the property passes by survivorship (joint tenancy) or through the estate (tenancy in common). The real IHT difference arises when the property passes to children or other non-exempt beneficiaries.

Joint bank accounts

Joint bank accounts operate under different rules from property. Most joint accounts are held on a survivorship basis, meaning the surviving account holder automatically becomes the sole account holder when the other dies. The bank will typically require sight of the death certificate before removing the deceased's name.

Unlike property, there is no formal "tenancy in common" equivalent for bank accounts under English law. However, some accounts include contractual terms that specify what happens on death, and the IHT position depends on who contributed the funds.

For IHT purposes, HMRC looks at who funded the account. If the deceased contributed all or most of the money, the full balance (or the deceased's proportionate share) is included in their IHT estate, even if the account passes automatically to the survivor.

Practical steps for executors

• Establish immediately whether any co-owned property is held as joint tenants or tenants in common.
• If joint tenancy, notify the Land Registry using form DJP and a certified death certificate.
• If tenancy in common, include the deceased's share in the estate valuation and obtain probate before any transfer or sale.
• Check any deed of trust for the specified shares if tenancy in common applies.
• Include the property value in the IHT calculation regardless of the type of ownership.

Related guides

• Do I need probate for a house?
• Inheritance tax explained
• Nil-rate band and residence nil-rate band
• Selling property during probate

Common mistakes to avoid

• Confusing the two. Check the Land Registry title before assuming a share passes automatically.¹
• Thinking survivorship avoids Inheritance Tax. The deceased's share is still valued for the estate, even if it passes automatically.²
• Overlooking a severance. A tenancy severed during life changes who inherits the share.

Frequently asked questions

How do I know if we were joint tenants or tenants in common?

Check the property's title at HM Land Registry. A 'Form A restriction' on the title usually indicates tenants in common; its absence usually means joint tenants.¹

Does a joint tenant's share go through probate?

No. It passes automatically to the surviving owner, so no probate is needed to transfer that share.¹

What happens to a tenant in common's share?

It passes under their will, or under the intestacy rules if there is no will, and usually requires probate to deal with.³

Is the share still taxed for Inheritance Tax?

Yes. The value of the deceased's share is included in the estate for Inheritance Tax, however the property was held.²

Can we change how we own the property?

Yes. Joint tenants can 'sever' the tenancy to become tenants in common, which is often done for tax planning or to leave a share to someone else.¹