Do joint tenants need a grant of representation?

 “Joint tenants” is one of two ways for two or more people to own assets jointly. Houses, bank accounts and other assets may be held as joint tenants.

Assets held as joint tenants will pass automatically to the survivor (or survivors) on the death of one of the co-owners. This is known as “survivorship”.

Grant of representation not required?

The purpose of a grant of representation is to give the personal representatives the authority to deal with the estate.

By law, property held as a joint tenants passes automatically to the survivor, so, for these assets, there is no need for a grant.

If the entire estate is made up of assets held as joint tenants, the personal representatives do not need to apply for a grant of representation.

However, if there is a mix of assets, including assets held solely or as tenants in common, a grant may be required, even if the bulk of the estate is held as joint tenants.

Dealing with assets held as joint tenants

Although a grant is not required for assets held as joint tenants, personal representatives should still follow the procedures of banks, the Land Registry and others to transfer joint assets to the name of the survivor.

Valuing assets held as joint tenants

The deceased’s share of assets held as joint tenants is added to the value of the estate for inheritance tax purposes. See our guide “Valuing the share of a jointly owned bank account”.

Tenants in common

The other way to own joint assets is as “tenants in common”. Typically, a grant is required to deal with assets held as tenants in common. See our guide “Joint tenants and tenants in common: the difference”.

Is a house held as joint tenants or tenants in common?

See our guide “How to tell if a house is owned as joint tenants or tenants in common”.