https://hmlandregistry.blog.gov.uk/2018/02/13/property-owner-dies/

What to do when a property owner dies

Flowers at a gravestone

When someone dies, there are lots of things to sort out. If the deceased person owned or part-owned a property, then this needs sorting as well.

Working in customer service, I'm often asked questions about what to do when a property owner dies. So I’m going to try to cover the main issues and answer common questions here.

Dealing with the deceased’s property can be relatively straightforward, but a solicitor is often involved in sorting out their affairs, including property. For that reason, people are not always certain what happens next.

Usually, the deceased’s will specifies a named person to deal with the estate (or the deceased’s next of kin if there is no will). They are responsible for the legal affairs and will often obtain ‘probate’ (where there is a will) or ‘letters of administration’ (no will), which enables them to act as the personal representative. Probate also enables the personal representative to transfer or sell the property.

Find out more about probate, including how to apply.

If the property is to be sold, probate gives the personal representative the authority to sell it in accordance with the terms of the will. If the property is registered and the person who died was the sole owner, then the personal representative will often either Assent (form AS1) the property to the person(s) who inherits it (beneficiaries) or Transfer (form TR1) the property to someone else.

If the deceased was a joint owner and the partner is still alive, you would normally just register the death with us using form DJP, along with an official copy of the death certificate. Probate is not required to deal with the property but may be needed if the deceased’s estate warrants it.

Much will depend on what the deceased owned and what the beneficiaries intend to do with the property. Whatever is decided though does not have to be rushed and is usually dealt with several weeks after the death and the reading of the will.

We recently developed a short guide that gives more information about the forms you need to use to register the death, the supporting evidence you need to provide, and any fees payable.

Read our short guide: How to deal with property when someone has died.

Important points to remember

The main things to remember are that:

  • when someone dies, there's usually no rush to sort out what happens with their property;
  • if the property is registered in joint names, and the other person wants to remain there, you just need to notify us of the death;
  • if the property is registered to a sole owner, you need to get probate before the property can be sold;
  • if the property isn’t registered, a transfer of ownership will trigger the need to register it for the first time; and
  • if you're unsure about any of this, get legal advice, as sorting out the affairs of the deceased can be quite tricky.

544 comments

  1. Comment by SC posted on

    When filling in form AP1 to assent a property following the death of the owner, is the 'applicant' (named in panel 6) the executor of the assent or the transferee?

    Reply
    • Replies to SC>

      Comment by AdamH posted on

      SC - it would be the transferee, namely the beneficiary the title is being assented to

      Reply
  2. Comment by SC posted on

    Thank you for your help!

    Reply
  3. Comment by Pip posted on

    I'm buying an unregistered property. It is being sold by the person who has had grant of probate. (Daughter of widow who died ). Im told that the probate paperwork is done. The property was owned from 1960s ( before compulsory registration). The owners solicitor has suggested my cash purchase sale would go quicker if I accept to register after completion. However, I fear a fraud and have insisted it is done before. My research has led me to believe that a death after 1990 triggers compulsory need to register the property by the beneficiary before any future sale. Is this the case. Is there any way the solicitors could rush it through and make me register after? Or is that legally impossible. My solicitors are being vague/treading carefully. What is the law. Is it a case that registration after a trigger SHALL be done before future sale, or COULD be done before furure sale? Please eliminate the grey here. Thank you. Excellent blog.

    Reply
    • Replies to Pip>

      Comment by AdamH posted on

      Pip - you would have to rely on your solicitor for legal advice.
      Death alone does not trigger the need to compulsorily register the ownership. 1990 was relevant only in so far as all of England and Wales became subject to compulsory registraiton that year. Triggers re transfers to beneficairies/trustees after a death came into play around 2003. So it's not the death but the onward transfer that then triggers.
      Nowadays it is not uncommon for a buyer to insist on the property being registered first to reduce the risks you refer to. The solicitor then submits details of the confirmed buyer, you, and asks us to expedite the registration. If we can we will and this can reduce the average timescale from the current 60 working days to a few weeks. I'd suggest having a further chat with your solicitor on that basis.

      Reply
  4. Comment by Andy Baines posted on

    Hi
    My Father recently passed away and I'm the executor of his estate and sole beneficiary. I have the probate documents and I'm in the process of selling his house which is freehold, I've been informed by my solicitor that it's not been registered (which I find strange as it appears on LR searches?). The potential buyer of the property is insisting I register the property before he will complete. My solicitor informs me that this will be a lengthy process protracting the sale and actually there is no legal requirement for me to do this and it is not an inhibitor to selling the property. Can anyone help?
    Thanks

    Reply
    • Replies to Andy Baines>

      Comment by AdamH posted on

      Andy - all a matter of negotiaiton between buyer and seller as to whether they buy and then register or you register and then they buy. That often depends on the legal advice they receive and how their mortgage lender (if any) views the risk.
      If it appears on LR searches then does it have a title number (then it is registered) or are they Land Charge searches (unregistered) perhaps?
      If it is unregistered and you apply to register it for the first time whilst also having a confirmed buyer then your solicitor can ask us to expedite the process. If it is not expedited then then the average timescale currently is 60 working days

      Reply
      • Replies to AdamH>

        Comment by Andy Baines posted on

        Hi Adam
        Thanks for this - yes it does have a Title Number however I've been informed that the Land Registry need to be sent the deeds, boundary maps etc so these can be electronically captured. Could this be correct given the property has a title number?
        Andy

        Reply
        • Replies to Andy Baines>

          Comment by AdamH posted on

          Andy - very unlikely as the register and title plan will be held electronically by us. If by deeds you mean for example a 'Land Certificate' then that would be destroyed as it has no legal value and we no longer issue them. We recommend owners hang on to them for personal/historical reasons if they wish to

          Reply
  5. Comment by Jane posted on

    Hi
    Im after some advice Re probate
    my grandad passed away 30 dec 2017.. my nan is still alive.
    I was the POA and executor of the will for them both.
    They had signed a notice of severance with regards to their house when they both did their wills.
    Basically my grandads half of the house is to be left to his great grandkids, to which myself and my dad are trustees for..
    My nan whom we now dont speak to for various reasons before he passed away..has had all the house cleared.. we have attempted to get in contact with her via family members to discuss probate as they said its all in hand... but as trustees myself and my dad havent been contacted amd have no idea whats happening with the house or probate if anything actually is...
    My question is... what do we do now?
    She's wanted to sell the house for many years so its inevitable this is part of her plans? But how can she if the trustees own half of it?

    Reply
    • Replies to Jane>

      Comment by AdamH posted on

      Jane - you will need legal advice here to understand what both your options are and what your Nan may be able to do. If they were registered joint owners then the survivor, your Nan, is the sole surviving legal owner. The severance you refer to may mean she cannot sell for example on her own but she could appoint someone to act with her to do so. If I have understood correctly you are then interested in your late Grandad's share in the beneficial ownership, namely half the value of the property

      Reply
      • Replies to AdamH>

        Comment by Jane posted on

        Thanks for your reply.
        Yes they had their wills done so were tennants in common and each owned an equal half share of the house. So as she is still alive she owns half and the trustees in theory own half until the great grand children are 25.. but we as trustees are not being kept in the loop? Re the house? So i was asking if she is able to sell house without obtaining probate. Thank you

        Reply
        • Replies to Jane>

          Comment by AdamH posted on

          Jane - she would not need probate to sell the house as the legal ownership has passed to her. The severance relates to the beneficial ownership. If the property is registered in their joint names and there is a form A restriction on the title (see https://www.gov.uk/government/publications/form-a-restriction-application-to-enter-sev) then that will restrict her selling on her own. In essence she could appoint someone to act with her and together they then sell. Your interest in the deceased's beneficial share would then be in any sale monies.
          I would strongly recommend that you do seek legal advice to understand what can or cannot happen here and what action you can take to protect or secure the great grand children's interests

          Reply
          • Replies to AdamH>

            Comment by Jane posted on

            Thanks again.. we shall look into obtaining legal advice.

          • Replies to AdamH>

            Comment by Nino posted on

            Could the Will not be registered with the Land Registry? I presume the Will contains a Will trust. Would that not stop the sale without the beneficiaries being notified?

          • Replies to Nino>

            Comment by AdamH posted on

            Nino - we do not register wills. The distinction between the legal ownership which we register and the beneficial ownership/wills is a key one here so if you feel that the beneficiaries' interests are not adequately protected on the land register then I would strongly recommend seeking legal advice

          • Replies to AdamH>

            Comment by Nino posted on

            That's interesting. So in essence even where a property is owned as tenants in common, let's say for ease of calculation 50%,50%, and the first to die leaves their share to a third party (in the example in the Q&A here a lineal descendant), with a life interest for the surviving owner, the life interest trust actually creates no protection at all if the surviving owner can then sell the property.

            Could a restriction not be registered preventing her from selling?

            What are the options to prevent someone from selling a property unless other interested parties are notified?

          • Replies to Nino>

            Comment by AdamH posted on

            Nino - the distinction between the legal adn beneficial ownership is key here as mentioned and I would strongly recommend you seek legal advice to understand how each interest is protected , be that on the register or in law.
            Invariably the scenario you have described is protected by a form A restriction being added to the register which prevents the sole surviving owner from acting alone on any sale, namely 'taking receipt of the capital monies'.
            A restriction requiring them to notify another interested party could be applied for with their consent. See Practice Guide 19 https://www.gov.uk/government/publications/notices-restrictions-and-the-protection-of-third-party-interests-in-the-register

  6. Comment by Paul posted on

    I need some help working out which forms to fill in please. I'm dealing with the estate of my late father-in-law. He owned a 40% share of a house as a tenant in common, with his wife owning the other 60% share. His share is bequeathed to his daughter (my wife). How do we transfer his share into his daughter's name? We already have probate, so just need guidance on the appropriate Land Registry forms. Thanks

    Reply
  7. Comment by Jennifer Granville posted on

    I am sole Executor of my mother's estate and one of three beneficiaries - the other two are my brother and step brother. I have Probate and want to purchase their shares of a piece of land that was part of my mother's estate, from my brother and step brother at the agreed valuation. Can I just transfer the ownership of the land into my name and pay them for their shares?

    Reply
    • Replies to Jennifer Granville>

      Comment by AdamH posted on

      Jennifer - I suspect so but we only deal with the transfer of ownership itself rather than who pays what and any financial/tax implications that may be involved. I'd sugegst making a few wider online enquiries re those issues and online forums such as Money Saving Expert can be useful resources as such matters are often discussed there.

      Reply
    • Replies to Jennifer Granville>

      Comment by Gerard posted on

      Hi Jennifer.
      May I ask if you got answer to your query? I am in a similar position.
      Regards Gerard

      Reply
  8. Comment by Gail Marsden posted on

    Hello,
    My mum and myself are executors of my late Aunts Will. She has left my mum as the sole beneficiary.
    My Aunt owned a property which has been left to my mum. My mum doesn't want the property and instead wants to put it jointly in mine and my brothers name.
    Would I be able to do this without enlisting a solicitor?
    Thank you

    Reply
    • Replies to Gail Marsden>

      Comment by AdamH posted on

      Gail - that is very much up to you. Using a solicitor is not compulsory and from a registration perspective the executor(s) as named in th eprobate would Transfer (form TR1) the property to the new owners as explained in the above article and in our short guide https://help.landregistry.gov.uk/app/contactus_bereavement?utm_medium=GOV.UK&utm_source=govuk&utm_campaign=death_contact_page_to_guide&utm_content=web_page
      I would suggest reading the areticle and working through the short guide and forms before deciding whether to do this yourselves or not. The registration aspects are often only part of the process for dealing with a deceased's estate and you also often have to consider other matters such as your own wills, existing property ownership(s), inheritance tax etc so we always recommend getting legal/financial advice as well

      Reply
  9. Comment by JC posted on

    I am Administrator of my late aunt's estate. She died intestate with one sister benefitting. I have a Limited probate ("letters of administration") naming the surviving sister. The surviving sister has completed a Deed of Variation such that my sister and I inherit the majority of the estate including the house equally.

    Am I right in simply sending you AP1 naming me and my sister as the 2 transferees together with ID1 for my sister?

    Reply
    • Replies to JC>

      Comment by AdamH posted on

      JC - you will also need the legal deed which transfers ownership so form AS1 if the ownership is going to the beneficiary or TR1 if to anyone else. ID1s are required for any other party not named as the executor in the letters of administration

      Reply
      • Replies to AdamH>

        Comment by JC posted on

        Thank you so much for your prompt reply. To clarify, since on the phone your colleague mentioned AS1, I use TR1 with the Transferor being the deceased and the Transferees the niece and nephew, whilst sending you a certified copy of the deed in which the original beneficiary (in this case the sister under the intestacy rules) confirms the substitute legacies. Consideration in panel 8 would be Box 2 not for money or for value. So much seems logical but some of the technical language hinders comprehension.

        The important point is to be clear that transfer is direct from deceased to substitute legatees and I would be obliged if you could confirm that to be the case if TR1 is completed in this fashion. Thanks again.

        Reply
        • Replies to JC>

          Comment by AdamH posted on

          JC - the deceased cannot transfer their ownership so any dealings with the property would be completed by the executor as named in probate or administrator if there are letters of administration. So the executor/administrator transfers the property to the beneficiary using forms AP1, AS1 and ID1 as appropriate. If it is to anyone else then it is AP1, TR1 and ID1.
          If you are uncertain as to what is required and the technical language involved I would strongly recommend seeking legal advice/assistance. I think this may be especially useful as you refer to terms such as 'substitute legacies' for example which I assume relate to the will/beneficiaries and arrangements around the deceased's estate. We deal with the legal ownership of the property.

          Reply
          • Replies to AdamH>

            Comment by JC posted on

            Thank you Adam. So I complete TR1 with my name as Administrator in Panel 4 and the names of Transferees (me and my sister) in Panel 5. You will need the Letters of Administration; do you still need a copy of the Deed of Variation?

          • Replies to JC>

            Comment by AdamH posted on

            JC - correct and no re the variation

  10. Comment by Sophie posted on

    Hi, we are trying to buy a property where the male owner died a while ago and the female owner died more recently. The land registry shows both names however the male owners death certificate shows a middle name that doesn't appear on the registry. Our solicitor is saying that the missing name needs to be added or it won't be possible to transfer it all in to our names. The sellers are being told by their solicitor that it is not necessary to add the missing name. We are now getting to the point where our chain will collapse if this isn't resolved soon. Who's right? Does the name need to be added or not?
    Thank you

    Reply
    • Replies to Sophie>

      Comment by AdamH posted on

      Sophie - that's really something for the solicitors to resolve between them and often it's the lender who insists on everything aligning corectly re names for example. From a registration perspective if there is a discrepancy between the name on the register and the death certificate then we will accept a certificate from a conveyancer that they are one and the same person. You may wish to refer your solicitor to panel 8 of form DJP which would be used if merely registering the death with us. By implication it follows that we would look for the same certificate from the solicitor when lodging the death certificate along with an application to register a purchase. Your solicitor would though need to be satisfied that they were one and the same and as such would be very reliant on the seller/their solicitor to confirm that to them in some way.
      But as mentioned one to discuss and clarify with your solicitor as there may be a wider requirement involved here

      Reply
  11. Comment by caroline ruth dart posted on

    Hi,
    I have inherited a property from my brother who was the sole owner. On AP1 form, section 4, would I put inherited in the applications column? Also on form AS1, on panel 12, the execution, do I have to write 'signed as a deed etc' or just sign and have witnessed? Thank you for any help.
    Caroline

    Reply
  12. Comment by Gary Malyon posted on

    A husband and wife both on their second marriage and with children from their respective first marriages, made wills leaving their respective halves of the house to their respective children. With a life interest of residency to the surviving spouse. They also owned the house as tenants in common.
    Husband died, spouse refused to sign transfer forms in order to add trustees to deeds. Can the executor who has grant of probate, do this without spouse's cooperation ?
    Without this the children's interest of H's beneficial interest appears precarious.

    Reply
    • Replies to Gary Malyon>

      Comment by AdamH posted on

      Gary - the legal ownership has passed the surviving joint owner so the executor for the deceased cannot transfer that ownership. The children's interest is int he deceased's half of the beneficial ownership and from what you have posted that appears to be protected by the wills and the tenancy in common. I would recommend seeking legal advice from a solicitor familiar with wills and trusts to ascertain how precarious the position is and what happens next re their interest

      Reply
  13. Comment by caroline ruth dart posted on

    Hi, I have paid off the mortgage now on an inherited property from my brother but have not yet received confirmation from the mortgage provider. Do I have to wait for this before I can send the assent forms to land registry?
    Thank you

    Reply
    • Replies to caroline ruth dart>

      Comment by AdamH posted on

      Caroline - you do not have to but worth checking with the lender as they often discharge their charge electronically so it is done quite quickly.

      Reply
  14. Comment by Donna nash posted on

    My fruend is in a house with her husband he is the beneficiary on the house his sister is egzecutor of the house both parents died awhile ago morgage is payed of but the sister has name on the deeds still is it half her house the beneficiary says his sister dont get any money of the house but she let her brother stay ther with wife kids will is still un brobate they have not reorted the death of ther mother he got no house insurance is he claiming not saying anything so he can stay the will says house has to b sold when his mum dies but the beneficiary and egzecutor hv not dun this is this against the law and the will wilm they b in trouble

    Reply
    • Replies to Donna nash>

      Comment by AdamH posted on

      Donna - it's legal advice you need here to understand what rights the beneficiaries have and how the executors should act. We do not deal with those matters directly

      Reply
  15. Comment by Ian Barnett posted on

    Adam
    My uncle passed away last year, my brother and I were named executors, ( unbeknown to me!), my brother passed away before my uncle. I am applying for probate. A solicitor has stated that as the property, As a tenant in common basis, has to have the executor name applied to the title deed, and that 2 executors are needed?.
    any advice??
    thank you

    Reply
  16. Comment by Heather posted on

    My mother in law has just died. She owned a registered property together with her husband, her son (my husband) and me as tenants in common. She has left her share in the property to her husband in her will. My husband and I are executors and are applying for probate. What do we need to do to transfer her share to her husband please?

    Reply
    • Replies to Heather>

      Comment by AdamH posted on

      Heather - I am sorry to read of your recent loss. You cannot transfer a share but you can rewrite your wills/declartion of trust or similar to reflect the size of each new share for example. We register the legal ownership and not who has what % of the beneficial ownership so the only update to the land register required would be to complete and provide a form DJP along with an official copy of either the probate or death certificate.
      If you have applied for probate on the understanding that you need it to deal with the property then that is mistaken. It is not required as the legal ownership has passed to the three of you as surviving joint owners.

      Reply
      • Replies to AdamH>

        Comment by Heather posted on

        Thank you for your advice. It seems simpler than we thought but we do need to apply for probate in any event to deal with some other assets.

        Reply
  17. Comment by Adie posted on

    Hi, I know someone who lives in the family home. She is an only child and both parents are deceased. The property is still in parents name. She is on a very low income and has no savings. She has been advised that there is an online form that she can complete to transfer the property into her name without paying a fee, but cannot remember the name of the form / where to find it. Is this true? If so, could you tell me what the form is called and where I might find it please?

    Reply
  18. Comment by Phil posted on

    My mother and father owned a property as tenants in common. My father recently passed away and my mother is the sole beneficiary in his will. What needs to be done to transfer registration and ownership to her. I am the executor and am obtaining probate.

    Reply
    • Replies to Phil>

      Comment by AdamH posted on

      Phil - I'm sorry to read of your recent loss. The legal ownership passes to your Mother as a result of his death so form DJP can be used to update the register. That is submitted along with an official copy of the death certificate. There is no fee. Probate is not needed to deal with the property
      The 'tenants in common' aspect relates to their beneficial ownership, not the legal ownership, so if that has been protected on the register by what is known as a form A restriction, and you want that removed, then our PG 6 section 7 explains how to apply to remove it https://www.gov.uk/government/publications/devolution-on-the-death-of-a-registered-proprietor

      Reply
      • Replies to AdamH>

        Comment by Phil posted on

        Your advice is much appreciated - thanks.

        Reply
  19. Comment by Nik posted on

    Hi just needing some help here. My mother owns her house as tenants in common with her now deceased husband (not my father). His half of the property was willed to his children on his death (3 years ago) with her being able to live there for life. She now wants to sell and move into sheltered rented property which seemed quite straightforward but now one of the beneficiaries may want to buy it. I presume they would have to pay her half of a market valuation. She needs the money from a sale to pay the rent. Am I missing anything here? I don't want her to be worse off or encounter any delay. They didn't get grant of probate as his executors and I don't know if anything else was done at the time of his death but we need to move quickly now. It hasn't been put on the market yet but we were in the process of doing so before this arose.

    Reply
    • Replies to Nik>

      Comment by AdamH posted on

      Nik - we can't advise oyu on what a beneficiary should pay and very much somehting I suspect your mother and his children/beneficiaries have to agree upon. Where we get involved is in any change to the legal ownership but I suspect you are more concerned fromn inheritance/capital gains tax perspective so worth checking with HMRC to see what the impact might be for your mother and/or the beneficiaries
      If they were joint owners then probate would not be needed as the legal ownership has passed your mother. The tenenats in common aspect relates to the beneficial ownership. If that has been protected on the register with a form A restriction then your mother would need to appoint someone else to act with her on any sale. https://www.gov.uk/joint-property-ownership
      I would storngly recommend that you/your mother and indeed the beneficiaries seek legal advice to ascertain what options are available and how best to proceed

      Reply
      • Replies to AdamH>

        Comment by Nik posted on

        Thank you Alan. We're not worried about inheritance tax, it's below threshold. They were tenants in common and we were just more concerned the other beneficiaries could dictate terms and value - but after reading online into the night 😂, I think I'm reassured that Mum is free to sell to whoever she wishes at a market price and just needs to appoint a second trustee to ensure her deceased husband's children are paid their half as per his will. So if one of the beneficiaries wishes to buy, she still remains in control of the sale, including the price. We will, of course, be instructing a solicitor to oversee everything on Mums behalf and I understand they can also act as the trustee. Thank you again for taking the time to reply

        Reply
        • Replies to Nik>

          Comment by AdamH posted on

          Nik - that is correct as the children's interest are in the beneficial ownership, so the value if you like. She can sell but needs someone else to act with her and that someone does nto have to be an interested party. Do rely on your legal advice here though

          Reply
  20. Comment by JILL edwards posted on

    My father in law has died and the property title is registered in his sole name. He resided in the property with his wife who is the sole beneficiary and has received grant of probate. Does she now have to register herself and remove her husband from land registry? She thinks the fee is £250 which seems high?
    Does this need to be done even if she is going to sell the house?

    Reply
    • Replies to JILL edwards>

      Comment by AdamH posted on

      Jill - if the property is to be sold then a buyer will normally be happy to rely on the probate to confirm the owner's death and the executor's legal authority to sell.
      If the widow wishes to register herself as the legal owner then she can as explained in the blog article using forms AP1 and AS1 and the registration fee would be payable under Scale 2 https://www.gov.uk/guidance/hm-land-registry-registration-services-fees#scale-2-fees
      If the proeprty is worth over £1million then that fee is £250

      Reply
  21. Comment by gill posted on

    Hello, my late husband owned a piece of land and when he died i did not change the registry. I have just agreed a sale on this land to a friend and we want to transfer the title.
    Please can you tell me if I just need to use form TR1 and AP1 and whether I put his name as the proprietor or my name, or his name and and a note about me. Or is it proper to just put his name?
    Should I include the death certificate and probate documents?
    Thank you.

    Reply
    • Replies to gill>

      Comment by AdamH posted on

      Gill - You will need forms AP1 and TR1 as you state. If the land is worth more than £6K then evidence of identity would also be needed. You would complete the form TR1 by referring to [your name] as personal representative of [his name]. We will need an official copy of the probate

      Reply
      • Replies to AdamH>

        Comment by gill posted on

        Thank you for your reply, that is useful information below, I will put both our names on as you state below.

        You would complete the form TR1 by referring to [your name] as personal representative of [his name].

        Reply
        • Replies to gill>

          Comment by AdamH posted on

          Gill - correct. The Transferor is the executor/administrator of the deceased owner

          Reply
          • Replies to AdamH>

            Comment by gill posted on

            Thank you, just a last thought. Do we need both our names on the AP1 too or would that be me or my husbands?

          • Replies to gill>

            Comment by AdamH posted on

            Gill - the AP1 form is for the application to register the Transfer. If oyu are applying then you would put your details as the person lodging it. The applicabt would be your neighbour as he is buying the land.

  22. Comment by LAPT posted on

    Hello.
    My mother has inherited a property (not the residential home) following the death of my father. I am a joint executor. We are still awaiting probate. The property is not registered. She has been made an offer for the property. Once probate is granted do we need to register her as the owner of the property before we can sell it? Or is it possible to register the property in her name and also transfer to the new owner all at the same time?
    We are concerned that, if she doesn't ever appear on the register as the owner of the property there could be a situation whereby the Estate has sold directly to the buyer. Thank you

    Reply
    • Replies to LAPT>

      Comment by AdamH posted on

      LAPT - whether there is a 'need' often depends on your buyer or their lender. Some may ask for it to be registered first whilst others may be happy to buy and register it themselves. It would be rare to 'register the property in her name and also transfer to the new owner all at the same time' but that is still possible. The register would not be the sole evidence looked at by others as to whether it was sold directly to the buyer as you will have other documents/actions to demonstrate what happened if needed

      Reply
  23. Comment by LesleyB posted on

    My aunt died recently without leaving a will. There are 8 beneficiaries to her estate, and the property is to be sold as soon as possible. I have the originalLand Registry Certificate whoing my aunt as sole owner. Do I have to get the document changed to show as a deceased estate, or do I just need to fill in forms at the time of sale to transfer the deed.

    Reply
    • Replies to LesleyB>

      Comment by AdamH posted on

      LesleyB - a buyer will often rely on the letters of administration issued as evidence of the administrator's authority to deal with the deceased's estate/property so often you don't have to register first before selling

      Reply
  24. Comment by Rob posted on

    My Mum and Dad owned their hose as 50/50 tenants in common. My Dad recently died and in his will left his 50% share of his property to me and my siblings subject to a life tenancy in favour of my Mum who is therefore entitled to live in the property for as long as she so wishes or until he own death and being responsible herself for all outgoings and maintenance and insurance.
    My question is simply do we need to formally set up any trust for our beneficial ownership of the 50% or register anything with Land Registry?

    Reply
    • Replies to Rob>

      Comment by AdamH posted on

      Rob - that is very much up to you, your siblings and Mum as to how vest to protect each interests. I would recommend seeking legal/financial advice as to how to best do that. We register the legal ownership and third party interests inc trusts can also be protected but we can't advise you on what the best option is for each of you

      Reply
  25. Comment by dave shepherd posted on

    As with the above, my mother and father owned 50% shares in a house as tenants in common.They both lived apart but were still married and so when he recently died, my sister registered with Land Registry along with the death certificate that his share should be transferred to my mother as sole owner. However, after she received a letter from L.R.saying this had been completed, my younger sister went to see her with the news that his share had been left to her along with other goods as his sole beneficiary in what we believe was a second will as he had always stated his share would be left to his grandchildren. Does she have any right to his share if the house was transferred to my mother as a whole?

    Reply
    • Replies to dave shepherd>

      Comment by AdamH posted on

      Dave - the property will not have been transferred to your Mother in the way suggested. The application will have noted your Father's death only. When joint owners are registered and one dies then the legal ownership passes to the surviving owner. The tenants in common aspect relates to the beneficial ownership and how that is shared. If your Father left his share in that to someone else then it is legal advice you need as to how it is protected and if necessary extracted at some stage form the value of the property for example. I'd recommend having a chat with a solicitor re how the legal and beneficial ownerships differ and how the death/wills have impacted

      Reply
  26. Comment by Mike Mahoney posted on

    My father recently died. He was joint owner with his wife and his mother in law. My grandmother died in 1983 but no change to ownership is apparent. Is there somewhere I can check this. I have the original land certificate.
    I now want to use form DJP to remove my dad from the register. Will my grandmother be a complication?

    Reply
  27. Comment by Bob Billingham posted on

    My wife and I are named as the beneficiaries in my late mother in laws will. My mother in law left her mortgage free house to us but it still had her late husband, who died in 1993, on the deeds. We have had probate granted and completed the AS1 form so is it a case of just sending the completed AS1 form, appropriate fee and a copy of my Father in laws death certificate to get the deeds transferred into our joint names? Can we do this ourselves and not use a solicitor?

    Reply
  28. Comment by Lee posted on

    Single brother and sister bought a property 50/50 to live in jointly some 20 years ago recently became tenants in common as both over 60 one has died suddenly is there inheritance tax for the survivor or when they sell the property to downsize

    Reply
    • Replies to Lee>

      Comment by AdamH posted on

      Lee - we don't deal with IHT issues so I would suggest contacting HMRC or seeking wider online advice in public forums such as Money Saving Expert where such matters are often discussed. However HMRC or legal advice are the best sources of assistance here

      Reply
  29. Comment by John Baker posted on

    My mother and father jointly owned their house and when my father died 5 years ago, in his will he left his half share jointly to my sister and me. We have done nothing about this because my mother still lived in the house. She has now moved into a care home and we want to sell the house. Do we now need to transfer our half of the property into our names before we do this?

    Reply
    • Replies to John Baker>

      Comment by AdamH posted on

      John - if the property was registered in their joint names then the legal ownership has passed to your Mother. Your Fatehr left you his share of the beneficial ownership it seems. As any sale relates to the legal ownership then as things stand your Mother can sell and you then split the sale monies as appropriate.

      Reply
  30. Comment by alkesh raja posted on

    Hi my neighbour has recently passed away with no next of kin however left me a gift which was his house as I was there for 35 years helping him what do I need to do as I've been asked to carry out funeral arrangements but the house has not been transferred to me yet please advise thank you. A copy of the letter granting me the gift was also found by the police at the house

    Reply
  31. Comment by Mike D posted on

    Hi,

    I am interested in purchasing a vacant property and land that has been vacant for many years without a roof, however I believe the owner is now deceased and has been since 2012.

    The title register on the Land Registry still lists the deceased person as the owner of the property even though I believe he passed away in 2012.

    After doing some research I have also found out that the deceased owner of the property was sent to jail for a number of years in 2002 and I am unsure if he passed away in jail or was released and then passed away.

    If it is possible, how would I go about purchasing this if the listed owner on the Land Registry is now deceased?
    Or, Is there any way for me to find out if another relative has claimed the property or if it is now owned by the state?

    Any reply is much appreciated!
    Many thanks,

    Mike

    Reply
    • Replies to Mike D>

      Comment by AdamH posted on

      Mike D - if the owner is now deceased you should start by trying to identify next of kin. If the owner died intestate so no relatives and no will then the porperty can pass to the crown and you would then contact the Treasury Solicitor

      Reply
  32. Comment by Mia-K posted on

    I have a TR1 form transferring land from my mother to me. Do I need to register the transfer before I sell the Land? One solicitor says in can all be registered by the buyer at the point at sale, that there’s no need to transfer it twice but the other says I can’t sell without registering in my name first.

    Reply
  33. Comment by RichardD posted on

    My mother-in-law recently passed away and we are in the process of applying for probate. We have discovered the house is a leasehold and that the lease expired 11 years ago, despite continuing to be asked to pay ground rent.

    Having contacted the agents for the landlord they are asking for us to clear the property and hand back the keys (no next of kin will be living there). Do they have the right to do this or is there any way we can challenge to get the lease extended and then sell the property ?

    Reply
    • Replies to RichardD>

      Comment by ianflowers posted on

      Sorry to hear of your loss and of the difficulties you have experienced. We essentially have an administrative role in registering ownership and other interests in land based on the applications made to us. We cannot therefore advise on the legal position regarding the leasehold title, that is something to consider checking with Citizen's Advice or a conveyancer such as a solicitor. Also, the Leasehold Advisory Service - https://www.lease-advice.org/ offer free advice and guidance on leasehold matters.

      Reply
  34. Comment by vicki posted on

    My brother and I are co executors of my deceased mothers will. We wish to sell the house and have been informed by our solicitor that the land was never registered and that we should do this before selling the property. I understand it may not be necessary, but we wish to do so anyway. Can you please tell me which are the appropriate forms for us to use as co executors to register the land/property of a deceased person. Eternally grateful for any advice on this.

    Reply
  35. Comment by vicki posted on

    Thank you so much for your reply.
    I shall have to contact your department by telephone as I need to be clear exactly which forms are needed.
    Our solicitor sent us application forms to fill in as owners of the house - which he knows we are not. I queried this 3 weeks ago and have as yet had no reply from him. We have not yet signed the certification of instruction as we are not satisfied with the lack of communication and are considering doing this ourselves.

    Reply
  36. Comment by DFTO posted on

    My parents own their house as tenants in common. No trusts are in place. I am executor and have POA. In their mirror Wills each left everything to the other.
    On the first death will the property automatically go to the survivor as no other wishes are stated in the wills even though they are tenants in common?

    Reply
    • Replies to DFTO>

      Comment by AdamH posted on

      DFTO - we rrgeister the legal ownership so where you have joint registered owners the legal ownership passes to the surviving joint owner. Thereir wills/tenants in common can impact on how the estate/property is then dealt with as they relate to the beneficial ownership. When a joint owner dies it is best to get legal advice to cover all aspects

      Reply
  37. Comment by Jason posted on

    My father passed away in 2007, and my stepmother is still living in his house. The house is in his name still, and the terms of the will stipulate it was to pass into a trust, benefitting her (as primary objective) and my sister and me.
    Am I correct in thinking that without agreement from my sister and me (as co-trustees along with our stepmother), the house will remain in our father's name until a resolution is reached? Is there any way ownership of the house could pass to her without the consent of my sister and me?
    Many thanks.

    Reply
    • Replies to Jason>

      Comment by AdamH posted on

      Jason - if the property was in his sole name then probate is the key here as that is what gives someone the legal authority to then deal with, for example transfer, the property. So the house could only pass to her if the executor transferred it

      Reply
      • Replies to AdamH>

        Comment by Darren posted on

        My father passed away last October , I have been informed by my brother that I am named in the will and that he applied to be executor and for probate and is also named in the will , as we don't talk even though he is executor and I believe I should be kept informed legally I am not .
        I have found out that my late fathers house has been sold and all his belongings are with my brother including some that my father said I could have.
        Do I have the right to be shown the will before the property is sold or informed by my brother and am I legally allowed to stop the sale as I am thinking of contesting the will although I haven't seen it but been informed that my brother is getting over £170000 and I am going to get £100000 .Also am I untitled to be shown bank account details when these were closed.
        Your help will be much appreciated Darren

        Reply
        • Replies to Darren>

          Comment by AdamH posted on

          Darren - I'm sorry to read what is a difficult situaiton but this is very much something you will need legal advice upon re wills/inheritance matters and how an estate is dealt with. Probate is the key document regarding the legal authority to deal with the estate, inc transferring/selling the property. The issues however relate to how the executor has then dealt with the estate and what access you, as a beneficiary, should have to the will.

          Reply
  38. Comment by Clyde posted on

    My parents owned their house outright on a 'Tennants in common' basis. My father passed away some months ago and in his will set up a 'discretionary trust' to administer his 50% beneficial interest in the house (the trustees are myself and my sister - the beneficiaries are myself, my sister and our mother). The house is not currently registered with the land registry. Does the house now need to be registered? If so, who's names need to be registered as the owners (my mother as the remaining legal owner or is it also neccessary to include myself and my siblings as trustees of my fathers will trust)?

    Reply
    • Replies to Clyde>

      Comment by AdamH posted on

      Clyde - if the property was owned by the two of them then the legal ownwership has passed to your Mother. If that is to change, for example she is to transfer it to the three of you, then that will trigger the need to register it for the first time.
      Whether it should remain in her sole legal ownership or be transferred is not something we can advise you on and it is very much something you should each take legal advice on. Whilst we know there are a few options to consider we are not part of that consideration process as we register the outcome rather than the reason(s) behind it.

      Reply
      • Replies to AdamH>

        Comment by Clyde posted on

        Adam, Thanks for a succinct straightforward reply - just what I was looking for - no requirement to register until title is transferred (i.e. until she wants to move, transfer it to someone else or she passes away).

        Reply
  39. Comment by Miss J Stubbs posted on

    I was left a 40/60% share of my grandfather's house. My mother got the 60%. I recently applied for free loft insulation & they requested to see proof of ownership. I have the fancy land deed & the title plans etc but they aren't in our name. The solicitor dealt with it all that the time & I have a letter from them stating the percentage of the property & that either other's share won't go to the other upon death or something. Should I actually have some documentation with our names on to show proof of ownership?

    Reply
    • Replies to Miss J Stubbs>

      Comment by ianflowers posted on

      There is a difference between the legal ownership which is shown in the title documents and a 'beneficial' share in the property which may be inherited when someone dies. The key thing is whether your late grandfather was sole owner of the property and, if so, what arrangements were made at the time to transfer the legal ownership, following grant of probate. It might also be useful to make sure the title documents you have are up to date.

      If you're unsure how to proceed, you may want to consider getting independent advice, for example, from Citizen's Advice or a solicitor such as a conveyancer.

      Reply
  40. Comment by Richard Farrington posted on

    My father died in Jan 2014 12 weeks before his death my mother and father made mirror wills and changed the house to tenants in common from joint tenants and put it in trust with her and my sister and Brother in law as trustees and executors.
    No probate was done. My mother died Nov 2017 and I find the house and a large proportion of the £510000 left to my two sisters.
    Was probate required on my Dads death and was the house required to be valued after my mothers death or can the solicitor decide the value for the probate.

    Reply
    • Replies to Richard Farrington>

      Comment by AdamH posted on

      Richard - if they were registered as joint legal owners then the legal ownership will have passed to your surviving Mother and probate would not have been needed to deal with the property.
      We do not deal with probate issues so I would recommend seeking some legal advice from a solicitor familiar with probate for answers to your other questions

      Reply
  41. Comment by Jason posted on

    What would happen if the ownership was shared by a divorced couple and one of them died? What happens to the deceased's share (assuming there is no will)?

    Reply
    • Replies to Jason>

      Comment by AdamH posted on

      Jason - we register the legal ownership so if they are joint registered owners that legal ownership passes to the survivor. When people refer to 'shares' they normally mean the beneficial ownership and that would be something you woulod need to get legal advice on to check what claim the deceased's estate would have on their share for example

      Reply
  42. Comment by Sharon Deackes posted on

    My parents owned their house outright as tenants in common. When my mother died in 2011 in her will 50% of the property was left to me, only child and sole beneficiary of the property. The solicitors renounced as executors and I took over, I was advised not to do anything about the property at that time and the rest of the assets didn't warrant probate. Now my father has passed away this month and once again the solicitors are renouncing in order for me to become administrator. My father has left his 50% to me as well and I intend to sell the property which isn't registered with LR. I will be applying for Letters of Administration. Do I need to register the property before selling? Will I now need to apply for Letters of Administration for my mum's half as well? Is there a form I need to use to notify LR and does the property have to transfer to my name before selling?

    Reply
    • Replies to Sharon Deackes>

      Comment by AdamH posted on

      Sharon - you cna sell an unregistered property so it's likely to only be something the buyer considers. Some may be happy to buy and register whilst others may ask you to do so first before they then buy.
      The legal ownership passed you your Father on your Mother's death so you should not need probate. You would need a copy of her death certificate though.
      The tenants in common/50% share aspect relates to their beneficial ownerships
      As the property is unregistered we do not need to be notified re either death.
      If you decide that you do wish to register it first then our Practice Gudie 1 explains what is required. You will also need to Assent (transfer) it as the adminsitrator to yourself as the beneficiary and if you do that it will trigger the need to compulsorily register it
      https://www.gov.uk/government/publications/first-registrations
      https://www.gov.uk/government/publications/whole-of-registered-title-assent-as1

      Reply
  43. Comment by Jason posted on

    Adam - thank you for your response. From memory the trustees together act as executor, since the house is the only asset (everything else was in joint names), and probate was granted in 2007. The house is still registered in our father's name, and the will is very clear that the house should pass into a trust, rather than being directly inherited by any one party. Is there any guidance on how long a property can remain in the ownership of someone who is deceased?

    Reply
    • Replies to Jason>

      Comment by AdamH posted on

      Jason - no as it can be indefinite as the only time that changes is when the next step is taken whether that is to transfer to a new owner on sale, a beneficiary etc or simply to register the executor for example in that capacity. Hence you get some properties remain in the family for decades but nobody actually transfers the legal ownership

      Reply
  44. Comment by Brenda posted on

    Hi, I need help as to what I need to do.
    My Husband has passed away, we are tenants in common. We were advised that when we done our wills, we should have Trustees to protect the children's inheritance. I need the sole proprietor restriction removed. Been told I need RX3 form and ST5 form, but also have been told I need Grant of Probate. I'm getting conflicting information and I am so confused. The Trustees are myself, son and daughter. They have both said that they will do a statement of truth so the restriction can be removed. Is this is what is needed to have the restriction removed?

    Reply
    • Replies to Brenda>

      Comment by AdamH posted on

      Brenda - these things can be confusing especially at times such as these and I am sorry to read of your loss. If the property was in your joint names then the legal ownership has passed to you and you do not need probate in relation to your dealing with the property.
      Form RX3 and ST5 are the correct forms for an application to remove a form A restriction from the register - our Practice Guide 6 section 7 explains this in more detail for you. It is written very much with conveyancer's in mind as it is a complex matter to deal with and you may prefer to use a solicitor to assist https://www.gov.uk/government/publications/devolution-on-the-death-of-a-registered-proprietor

      Reply
      • Replies to AdamH>

        Comment by Brenda posted on

        Hi AdamH,
        Thank you for your reply. The property is Tenants in Common, the Land Registry said to fill in RX3 and ST5, but they didn't mention that I needed a Grant of Probate. What evidence is required on the RX3 - question 9 and the ST5- question 3? Once these forms are filled in, will the sole proprietor restriction be removed? The mortgage lenders can not go ahead with the mortgage until the sole proprietor restriction has been removed. I spoke to the WILL writers than wrote our WILL's, but unfortunately they were not very helpful and said the restriction can not be removed because of the Trustee's (myself, my Son and Daughter), so this is why I am so confused with it all. All I'm trying to do is cover the shortfall of the mortgage and keep a stable home for my two little boys.

        Reply
        • Replies to Brenda>

          Comment by AdamH posted on

          Brenda - my reply confirmed that if it was in their joint names then probate is not required to deal with the property. The Practice Guide 6 explains what evidence/information is required in the ST5. We cannot advice you any further than that so if you remain unsure then it is legal advice you need.
          If the form RX3 and ST5 are completed correctly/sufficiently then the form A restriction should be removed once submitted and considered.
          The restriciton will prevent a mortgage by the sole surviving owner as your lender advises. And it will have been entered to protect the trust you refer to so it's doing the job as intended.
          It reads to me as if you may not have the evidence needed to secure the restriction's removal as the trust still exists and you are not the sole beneficial owner as your bouts also have an interest/share in that beneficial ownership. As such it is again legal advice you need to discuss what alternatives exist. For example you may be able to appoint someone else to act as a co-trustee and transfer the legal ownership into your joint names. You could then both secure a mortgage as there are then two of you involved and not just you. Veyr much something you need legal advice on though.

          Reply
          • Replies to AdamH>

            Comment by Brenda posted on

            Hi AdamH
            Thank you for your reply.

  45. Comment by Alan posted on

    Hi, my father passed away in his will he left his house to my sister and myself , we both agreed she could move in , what needs to be done for her to buy me out ?

    Reply
  46. Comment by Vivian posted on

    Hi AdamH,

    My late husband and I proprietors of a property with with the Title held as Tenants in Common. He passed away 4 years ago. I want to sell the property as we are foreigners and I don't plan to stay in the UK any longer.

    My question is since we are Tenants in Common, can or do I have to leave his name on the title in event when I am ready to sell the property or do I fill a DJP Form? Or can I assign a Trustee during the sale?

    Reply
    • Replies to Vivian>

      Comment by AdamH posted on

      Vivian - when you come to sell the buyers will check the registered title to confirm your ownership. If it's in your sole name they will not need to confirm your late husband's death. If you do not update the register then they will ask and you would need to provide a copy of his death certificate.
      If there is a form A restriction on the register, and many tenants in common have such a restriction registered. then you can appoint a trustee to act with you on the sale as part of the TR1 (Transfer) deed used to transfer ownership to the buyer.

      Reply
  47. Comment by Gary Rhodes posted on

    hi, my mother recently passed away and i am the executor of the will and sole beneficiary of the estate, i have just been granted probate, do i need a AP1 form and a AS1 , i was told that i do not need a ID1 form as i have probate, be very greatful for any advice, thank you

    Reply
    • Replies to Gary Rhodes>

      Comment by AdamH posted on

      Gary - that's correct as per the details provided in the article. No ID1 needed if you are the named executor and beneficiary

      Reply
      • Replies to AdamH>

        Comment by Gary Rhodes posted on

        Thank you so much for for that confirmation and the quick response.

        Reply
  48. Comment by Louise posted on

    Hi

    I have letters of administration for my late mother estate. There are 3 beneficiaries (3 daughters of which I am 1). My eldest sister has bought my middle sisters share of the house and we have a certificate for stamp duty. I now need to register the property in 3 names, mine, my eldest sister and her husband. Is that an assent or an assent and transfer?
    Thank you

    Reply
    • Replies to Louise>

      Comment by AdamH posted on

      Louise - it would be a Transfer using forms TR1, AP1 and ID1. An Assent is where you are transferring to the beneficiaries only

      Reply
  49. Comment by Simon posted on

    Hi,

    My partner's father died recently and she was named as joint trustee in the will.
    Her father's will states: "..I give my property....to my trustees on trust for sale on the following terms: ...My Trustees shall permit my wife...to live in the property..."
    The fact is though that the property was owned jointly by her father and mother as "Tenants in Common".
    Is it not the case that he can only pass on his half of the property to the trustees, and therefore the property becomes jointly owned by the trustees and his surviving wife?

    Reply
    • Replies to Simon>

      Comment by AdamH posted on

      Simon - this is covered in several of the earlier comments and replies below. We register the legal ownership which if jointly owned passes to the survivor. The wills/trusts and tenants in common aspects refer to their beneficial ownerships. As you already aprpeciate you can have a share in the latter but the legal ownership is always treated as a whole.
      The legal ownership will only change if the surviving owner transfers it to herself and whoever. I would strongly recommend that all the interested parties seek legal advice as to how best to now proceed, particularly as his widow/surviving joint owner has a right to live in the property. Whilst registering a transfer to all of them is an option so too is leaving it in the widow's sole name with the wills/trust still in place. But very much something to discuss and consider with legal advice

      Reply
      • Replies to AdamH>

        Comment by Simon posted on

        Many thanks for your prompt reply Adam.

        Reply
  50. Comment by Alan posted on

    Hi Adam
    My Father bought a house with his girlfriend in 1988, and they quickly separated (89) and he married my Mother. They then went through a process to have the girlfriend removed from the land registry legally etc, however they subsequently divorced in 95, and the notice of rights under the matrimonial homes act was in favour of my Mother. Since then my mum went through the legal process to have her as the sole proprietor on the proprietorship register (2002), on the title absolute, and on the land registry it clearly states her name only as the proprietor. My Father has since passed away, and my mum has since completely paid off the mortgage. She is attempting to remortgage her property but has been told by the solicitor that there are "restrictive convenents" which means she's unable to do this (purely based on the land registry document).
    The solicitor is looking into this with the land registry, who have advised that my Father's death certificate will be enough for the land registry to remove the restrictive covenants, and proceed with the remortgage.
    We are worried however that for some reason the restrictive covenents might still be to do with the girlfriend. How likely is this and what can we do if this is the case? Basically the mortgage offer is due to expire in two weeks, and the Land registry have advised they will take one week to reply so we're just extremely worried and nervous they'll come back with bad news and we won't have time to react. In theory there's absolutely no reason in my mind why the\ gf would still have anything to do with this property, but the restrictive covenent point is what's making us nervous
    Would really appreciate you advice please.
    Thank you

    Reply
    • Replies to Alan>

      Comment by AdamH posted on

      Salim - I'm unsure how 'restrictive covenants' would play a part in this and would guess that it is more likely the girlfriend has registered some form of notice/restriction on the title to protect a claimed interest. I'd recommend speaking to your solicitor to confirm and then relying on their advice. I'm afraid we can't really add anything via a blog comment re a specific application which is clearly the subject of some discussion bewteen us and the parties involved

      Reply
      • Replies to AdamH>

        Comment by Alan posted on

        Thanks Adam,
        Apologies I have since looked into this and I wasn't clear in my first message apologies. It isn't the covenants it's actually a "Notice of Home Rights" restriction.
        Could this still be on there from the girlfriend with whom he purchased the property despite her being written off all that time ago, and now the land registry showing my mum's name as a the sole proprietor?
        Thanks so much

        Reply
        • Replies to Alan>

          Comment by ianflowers posted on

          Alan - I'm replying as Adam is currently unavailable. Home rights notices are open to a husband, wife or civil partner so it wouldn't seem to relate to the girlfriend, but difficult to say without seeing the title record. If you're happy to provide the house number and post code we'll check it, but I regret we won't be able to do this until Tuesday after the Easter break.

          Reply
  51. Comment by Matthew posted on

    Hello. Just need some guidance
    House was in fathers sole name. I purchased house of him and he moved out. I didn't transfer house on my name officially.
    Father has died since and so has my mother.
    What do i now do to transfer house on my name. My father died 15 years ago.

    Reply
    • Replies to Matthew>

      Comment by ianflowers posted on

      Matthew - I am sorry to hear of your loss. When you say you purchased the house, it very much depends on whether formal documentation was drawn up at the time, such as a transfer in form TR1. You may want to consider getting independent legal advice from Citizen's Advice or a conveyancer, such as a solicitor, on how you stand legally in respect of that purchase.

      If you are looking to transfer the property to yourself as beneficiary of a sole surviving owner, then our online guidance explains the registration process - https://www.gov.uk/update-property-records-someone-dies . As you will see, evidence or probate will be needed. Again, if you are unsure how to proceed, you may want to consider getting independent legal advice particularly as when someone dies, there can be more to consider than just the registration process.

      Reply
      • Replies to ianflowers>

        Comment by Matthew posted on

        Thank you very much. When I purchased house I didn't complete any papers and will seek legal advice.

        As for transfer I have siblings who are all aware of situation. Do I still follow that link?
        Thanks again

        Reply
        • Replies to Matthew>

          Comment by ianflowers posted on

          You're welcome. The link essentially relates to property that has been inherited. If you're not sole beneficiary then that course of action may not be appropriate. Best to check with a legal adviser as they'll be able to advise as the options open to you.

          Reply
  52. Comment by Connie posted on

    I am executor of my mums will the house has to be sold but i have two brothers that are also beneficiaries one of my brothers is living in the house, i have asked him to move out as the house needs cleaning ready for photos to be taken for the estate agent but he is refusing to leave till i have sold it, can he legally do this?my other brother also wants him to leave, if i go to court to get an eviction notice will i have to pay or will it come out of his share as he is the one causing the problem?

    Reply
    • Replies to Connie>

      Comment by ianflowers posted on

      Connie - I am sorry to hear of your loss and the difficulties you have experienced. These are essentially legal questions on which you'd need to seek independent advice, for example, from Citizen's Advice or a legal professional such as a solicitor. A solicitor will be able to consider your late mum's will (if applicable) and also your position and powers held as executor of the estate. Also regarding any costs that may be involved.

      Reply
  53. Comment by Howard Holt posted on

    Hi; my father has passed away and was a tenant in common with my mother who is still alive. They had half the house each, and I am willed to take dad's half as I am caring for mum and living there permanently.
    The problem is mum has advanced dementia and cannot manage her affaira and I have Lasting Power of Attorney. Probate for dad's estate has now arrived.
    Can I seek to obtain my half, or does mum's condition mean it's best to do it via a solicitor? BTW ahe has power of reservation over the will.
    Thanks, Howard

    Reply
    • Replies to Howard Holt>

      Comment by ianflowers posted on

      Howard - Hi and I am sorry to hear of your loss.

      This relates in part to how we register legal estates. The register records the ownership of the legal estate in the property, not the underlying ownership such has those with an ‘equitable’ or ‘beneficial' interest, for example, under a will/probate. Accordingly, on the death of a joint registered owner, the registered ownership passes to the surviving owner and they generally have power to deal with the property, subject a restriction or other entry in the register limiting their powers. So the form A restriction stays on the register and restricts the power of the surviving registered owner to dispose of the property in recognition of your beneficial interest in any proceeds of sale.

      The other aspect is that you are holding an LPA for your mum. We essentially have an administrative role and cannot advise on the extent of the powers that are conferred to you. There is also more to dealing with the estate of a deceased that just the registration. So, yes, if you are in doubt as to how to proceed, you may want to consider getting some independent advice from Citizen's Advice or a legal professional such as a solicitor.

      Reply
  54. Comment by SM posted on

    Hi Adam,
    I was one of 4 trustees and we are all registered as owners of a private road. Both myself and another owner have now resigned from our trusteeship and it would have been a relatively easy matter to just transfer our ownership to the remaining 2 trustees but now one of the remaining trustees has died whilst on holiday. His widow (who I assume would automatically become an owner of the road due to survivorship has only got an interim death certificate for her husband as there is to be an inquest into his death - this certificate has has allowed him to be buried, but will it be sufficient to be used as evidence of his death to enable the transfer of ownership of the road to the remaining trustee? To complicate matters even further, his widow has secondary cancer and is not in very good health. If she was to die before her inherited part ownership of the road is transferred I assume this would be past on to her 5 children! Help!!!

    Reply
    • Replies to SM>

      Comment by ianflowers posted on

      Hello - I am replying as Adam is currently unavailable.

      It is unlikely the certificate would be sufficient and we would normally require the death certificate together with a certified translation, if necessary. You can contact us - https://www.gov.uk/guidance/contact-hm-land-registry with a copy of the certificate, if possible, and we will check further.

      As to how the registered ownership passes when a trustee dies relates to how we register legal estates. The register records the ownership of the legal estate in the property, not the underlying ownership such has those with an ‘equitable’ or ‘beneficial' interest, for example under a trust. Accordingly, on the death of a joint registered owner, the registered ownership passes to the surviving owner(s) and they generally have power to deal with the property, subject a restriction or other entry in the register limiting their powers.

      This is can be a complex area of the law and so you may want to consider getting legal advice from Citizen's Advice or a legal professional such as a solicitor if you are unsure how to proceed. Our Practice Guide 24 - https://www.gov.uk/government/publications/private-trusts-of-land/practice-guide-24-private-trusts-of-land gives some guidance which may of interest. Section 7.2.5 refers to the death of a trustee. The guide is written for legal professionals and may therefore contain some unfamiliar terms.

      It is unlikely this certificate would be sufficient and we would normally require the death certificate together with a certified translation, if necessary. You can contact us - https://www.gov.uk/guidance/contact-hm-land-registry with a copy of the certificate, if possible, and we will check further.

      As to how the registered ownership when a trustee dies relates to how we register legal estates. The register records the ownership of the legal estate in the property, not the underlying ownership such has those with an ‘equitable’ or ‘beneficial' interest, for example under a trust. Accordingly, on the death of a joint registered owner, the registered ownership passes to the surviving owner(s) and they generally have power to deal with the property, subject a restriction or other entry in the register limiting their powers.

      Reply
  55. Comment by Emlyn S posted on

    My mother died in November 2017. She was the sole proprietor of her house, with no mortgage. The property is registered. In her Will, she left all her money and property to myself and my younger bother in equal shares. We are also the co-Executors. Probate has just been granted. My brother intends to remain living in the house for the foreseeable future, so we would like to transfer ownership of the property into his sole name. As this transfer would take place between Executors, am I right in thinking that forms AP1 and AS1 would suffice, without the need for forms ID1? Your advice would be much appreciated.

    Reply
    • Replies to Emlyn S>

      Comment by ianflowers posted on

      Emlyn - I am sorry to hear of your loss. I should firstly suggest that you may want to consider getting independent legal advice, for example, from Citizen's Advice or a conveyancer such as a solicitor if you are unsure of your legal position following any assent of the property into your brother's sole name.

      Forms AP1/AS1 would be used to Assent the land to a beneficiary(ies) and generally speaking we would not require evidence of ID in form ID1 provided both of you are assenting in panel 5 as executors. But we do reserve the right to request identity evidence in individual cases.

      Reply
      • Replies to ianflowers>

        Comment by Emlyn S posted on

        Ian, thank you for your prompt reply. I have to say that this site has been a godsend to my brother and myself, and is a credit both to your good selves at the Land Registry, and the Civil Service in general. A belated 'Happy Easter' to you and your colleagues.

        Reply
  56. Comment by Susie posted on

    Hello
    Just need advice please.
    My mother passed away around 13 years ago and left no Will. Her property was in her sole name. Her husband who is also my father died last year. After my mother died my father did not transfer the property into his name. So the property is still in my mother's name. So my question is - in order to transfer the property into my name (sole beneficiary) do I apply for probate in my mother's name or fathers name?

    Reply
  57. Comment by Lydia Moore posted on

    Hi
    My mum sadly passed away in April 2017. She left a will and named me as executor. She left 40% each of her money to me and my brother and 20% to her husband. The house they lived in my mum owned a 75% share outright with no mortgage, her husband owned 25% share with a mortgage and there is a deed written up to state the mortgage is his and always will be. My mums will states that he can live in the property until he dies, wishes to sell it or co-habits and then my mums 75% will be shared equally to myself and my brother. Do I need to do anything with regards to paperwork for the property , as in get my mums share put Into mine and my brothers name? We no longer speak to my step dad who is currently residing in the property that is now 75% owned by us as stated in my mums will.

    Any information on what I need to do would be greatly appreciated.

    Kind regards
    Lydia

    Reply
    • Replies to Lydia Moore>

      Comment by ianflowers posted on

      Lydia - I am sorry to hear of your loss. This relates in part to how we register legal estates. The register records the ownership of the legal estate in the property, not the underlying ownership such has those with an ‘equitable’ or ‘beneficial' interest, for example, under a will. It appears your late mum was a joint registered owner with her husband. If this is the case, on the death of a joint registered owner, the registered ownership passes to the surviving owner and they generally have power to deal with the property, subject to a restriction or other entry in the register limiting their powers. This is quite a complex area and our blog https://hmlandregistry.blog.gov.uk/2016/08/16/legal-estates-beneficial-interests-whats-difference/ goes into more detail.

      If you are unsure whether you need to do anything further to restrict the powers of the surviving registered owner then you may want to consider seeking legal advice, for example, from Citizen's Advice or a conveyancer such as a solicitor.

      Reply
  58. Comment by Shari posted on

    After death 7 year ago of dad my sister and I both became power of attorney. My sister advised mum to put house in her name although naming me on the will/paperwork as to receive 50% when the unfortunate time comes of my mother passing. Should I need legal help in this?

    Reply
    • Replies to Shari>

      Comment by ianflowers posted on

      Shari - Sorry I'm not clear whether the house is now in your mother's or sister's name? There may not be anything further to do at this stage in terms of inheritance once a registered owner dies but bear in mind there may be more to consider than just the registration process. The extent of your powers as attorneys also needs to be considered.

      If you are unsure you may want to consider seeking legal advice, for example, from Citizen's Advice or a conveyancer such as a solicitor.

      Reply
  59. Comment by Christopher posted on

    Dear Sirs

    I am assisting my mother with the First Registration of a freehold interest.

    My mother and father purchased the freehold interest in 1973. My father died in 2017. My mother now holds all of the legal and equitable interest in the land (which is not subject to any legal or equitable charges).

    I have been looking at the FR1 Form with my mother and am not sure whether Panel 16 requires details of the 1973 transfer. Should my mother (also) refer to the fact that the whole of the beneficial and legal interest passed into my mother’s sole name in 2017 in this section (or anywhere else)?

    Kind regards,

    Christopher

    Reply
    • Replies to Christopher>

      Comment by ianflowers posted on

      Christopher - I am sorry to hear of your family's loss. Panel 16 of the FR1 relates to confirmation of representation / identity so you don't need to enter details of the 1973 Transfer there. As you are lodging a voluntary registration with your deeds, you do need not need to complete panel 16. Your mother also does not need to make the declaration suggested, but once we have considered the application, we may contact you to clarify any points.

      Please see our general guidance if you have not already done so - https://www.gov.uk/registering-land-or-property-with-land-registry/register-for-the-first-time .

      Reply
  60. Comment by Karaleena Green posted on

    My Mother died in June 2017, grant of probate was issued in late September 2017. My older sister and her daughter are both executors. I have one younger sister and she, my older sister and I are named 'trustees' to equal shares of the estate.
    My Mother owned in her own right, a house, with no outstanding mortgage or other debts. I have confirmed with Land Registry that she is still the registered owner, which surprised me as I had expected her house to be sold or at least be on the market some 9 months after her death,( I have been keeping an eye on properties for sale in the area) in order to comply with her wishes that we share my Mother's estate.
    I have not been contacted atall by the executor, despite twice asking for information by letter....I obtained copies of my Mother's will and grant of probate, but other than that am being kept in the dark.
    So my main question really is will the executor (my sister) have to sell the house, or can she, as I believe she may be doing, prevaricate indefinitely, or even simply allow say, a grandchild to live in the house without consulting me. ?
    Is there a time limit within which someone in such a position is expected to have completed everything, or at least kept a named beneficiary informed, especially if there is some genuine reason for delay.
    Lastly, should I use a solicitor... in reality I dont know when would be the right time to ask for legal assistance and wouldn't want to waste my money, if she can insist she is operating within an allowed time limit.
    Thankyou

    Reply
    • Replies to Karaleena Green>

      Comment by ianflowers posted on

      Karaleena - I am sorry to hear of your loss. Your questions about the role of the executors relates to the rules of probate which fall outside of our responsibility. There could be legitimate reasons why the selling of assets and distribution of the estate may be delayed, but ultimately if you want challenge this there is a legal process to follow.

      If you are unsure whether you need to take professional legal advice at this stage, you might consider consulting Citizens Advice. They may also be able to give you information regarding any steps you can take to reflect your beneficial interest in the estate under the will.

      Reply
      • Replies to ianflowers>

        Comment by Karaleena Green posted on

        Thankyou very much, I am most grateful and may well consult CAB concerning this issue ! K

        Reply
  61. Comment by Gill F posted on

    This blog is so helpful!
    My brother and I are joint executors of my mother’s estate and we are also the beneficiaries. We have just obtained probate. My husband and I are buying my brother out of his share of her house.
    Should I complete a TR1 with my brother and I as Transferors (as personal representatives) and my husband and I as Transferees with the consideration being the amount I need to pay my brother for his share (and fee based on the same and appropriate SDLT certificate as I am not inheriting the whole house) I will submit this with AP1 and Probate.
    I assume I cannot use an AS1 as my husband is not a beneficiary?

    Reply
    • Replies to Gill F>

      Comment by ianflowers posted on

      Gill - Thanks for your kind comment.

      Yes, TR1 would be used. If a solicitor is not acting, you should also consider whether evidence of identity is required for an unrepresented party, for example, for a transferee. Please see our general guidance which links to the forms and completion notes if you have not already done so: https://www.gov.uk/update-property-records-someone-dies

      Reply
  62. Comment by Julie Brooker posted on

    My step-father died 3 years ago and left his share of a property to me. He ex-wife owns the other half and the property has been empty for all of this time due to an inheritance dispute (now resolved). The ex-wife now wants to sell the property but has never had the title deeds changed to reflect my ownership. Am I correct in saying it is down to her to arrange the sale as I currently have no legal interest in the property?

    Reply
    • Replies to Julie Brooker>

      Comment by ianflowers posted on

      Julie - This relates to how we register legal estates. The register records the ownership of the legal estate in the property, not the underlying ownership such has those with an ‘equitable’ or ‘beneficial' interest, for example, under a will. As the ex-wife is the surviving registered owner, the registered ownership passes to them and they generally have power to deal with the property, subject to a restriction or other entry in the register limiting their powers.

      We can cannot confirm whether she has an obligation to arrange the sale as that falls outside of our responsibility as a registration authority, but as far as the registration of any sale is concerned, the Transfer of ownership would need to be executed by her as seller / transferor.

      Reply
  63. Comment by Alan Birch posted on

    I am the sole beneficiary of my late Mother`s Estate which includes a freehold property. My question is ; Is there a time limit for transferring the property out of the deceased estate and into my name or that of a 3rd party ? My Mother died 12 months ago.
    Thank you

    Reply
    • Replies to Alan Birch>

      Comment by ianflowers posted on

      Alan - I am sorry to hear of your loss. No, there's not a time limit. But once a deed such as a Transfer of ownership or Assent to a beneficiary is drawn up it there is requirement to register it. Whether there is a specific time limit at that stage depends on whether the property is registered with us. But it is obviously in all the parties interest to ensure the transaction is lodged for registration as soon as possible.

      You can apply with a copy of the death certificate to note your late Mother's death on the register . You can also apply to enter the personal representatives of the deceased on the register - Please see our Practice Guide 6 https://bit.ly/1I0RUOU . The guide has been written for legal professionals and may there contain some unfamiliar terms. Please see also our address for lodging any registration applications - https://www.gov.uk/guidance/hm-land-registry-address-for-applications .

      You may also be interested in our free property alert service - https://www.gov.uk/guidance/property-alert .

      Reply
      • Replies to ianflowers>

        Comment by Alan Birch posted on

        Thank you Ian, I appreciate the information very much. I will follow the procedure for notification on the register asap.
        Kind regards
        Alan

        Reply
  64. Comment by David Mcquillan posted on

    My mother owned her own house and died 2 month ago, I lived with her, in the will the house was left to me my brother and sister, but also states that I live in the house until I die or decide to leave, so do we have to just change the names on the ownership of the house

    Reply
  65. Comment by Phil posted on

    My wife recently passed away and left an unsigned will.As tenants in common it was her wish to leave her half of the house we own outright,in a trust for our children.If I make out a deed of variation to express this,then how do I make the changes with land registry?

    Reply
  66. Comment by Zoe Hall posted on

    Hi, my dad passed away recently. In his will he appointed solicitors as his exctors of his will. They have reannounced the will over to myself. In my dad’s will he left his share of the jointly owned house to me. What do I need to do to put that share into my name? I have been told by different people/organisations, I need to do different things.

    Reply
  67. Comment by Jon posted on

    Summary: Mother (sole owner of property) died in march 2016 leaving her estate to daughter as executor and beneficiary. Her 'partner' (not liked) was asked to leave property so the property could be sold (he had no legal right to remain and knew this was the case prior to death). Probate was granted in July 2017 and the property was advertised by Estate Agent. Entry and access for viewings was refused by him so the property was withdrawn from the market. We had fight to have him legally removed before we could advertise and sell which completed in March 2018.
    Council tax was paid by him until August 2017 even though he was living there without permission of owner
    property re advertised with Estate Agents in August 2017 when she was finally 'removed'
    Question: Would the property which is in need of complete renovation be able to claim the reduction in VAT to 5% as uninhabited for 2 years (subject to HMRC Notice VAT Notice 708: buildings and construction clause 8.3)?
    And what else could be used to prove if Council Tax payed by him show was lived in?

    Reply
    • Replies to Jon>

      Comment by AdamH posted on

      Jon - I'm afraid they are not Qs we can answer as they are not registraiton issues. I imagine it would be the relevant local authority you would need to contact

      Reply
  68. Comment by Suzie posted on

    Hi, my husbands step dad has passed away and in his will that a solicitor made up, it says that he is leaving his half of his house to my husband and his 2 biological children but that his wife can live there rent free etc.
    However it wasn’t followed through to land registry making them tenants in common.
    Whose responsibility would that be?
    The solicitors are now saying that the deceased hadn’t returned the severance form. But that’s there reply. He may well have sent it. Should it not be the solicitor who notified land registry after making up a will like this one and we feel the solicitor could be at fault here.

    Reply
    • Replies to Suzie>

      Comment by AdamH posted on

      Suzie - the land register is not definitive re how you hold a property so they can be tenants in common by virtue of the will/trust created but do not have to then register a restriction on the title.
      The key point is that your husband and his children have interests in the beneficial ownership of your deceased Father in Law by virtue of the will. The legal ownership of the property has passed to his widow. Your husband and the childrens' interest is in essence with regards the value of the property, namely something which can be 'shared'. You can't share the bricks & mortar for example.
      So by virtue of the will/trust created they effectively were tenants in common

      Reply
  69. Comment by SueL posted on

    Myself and my 2 brothers have inherited my late father's property which we shall be putting up for sale soon. Probate has been obtained. We had a surveyors valuation completed for inheritance tax purposes which was lower than the estate agents current suggested value. If we sell for this higher value I understand we may have Capital Gains Tax to pay but have found an article suggesting we transfer the property into our 3 names first to allow us to each use our own CGT allowances which would be 3 times that of the estate CBT allowance. Is this info correct and possible.

    Reply
  70. Comment by JP posted on

    My father, mother, and brother owned the family home as tenants in common. They each owned a third.

    My father has died and my brother has probate as sole executor of my fathers will.

    My father has left his third to my brother.

    So the Registry needs to changed to remove my father and to show that my mother owns a third and my brother owns two thirds.

    What forms do we use please and what fees are due?

    Thanks

    Reply
    • Replies to JP>

      Comment by AdamH posted on

      JP - the legal ownership has passed to the surviving two owners so you should apply to update the register uising the form DJP as described in the blog article. The completed form should be submitted along with an official copy of either your late Father's death certificate or probate. We do not record the % shares each surviving owner hold re the beneficial ownership so that detail should be agreed/captured as you wish. YTou may wish to seek legal advice to ascertain how best to reallocate the % shares/record that new arrangement as appropriate

      Reply
  71. Comment by Gary Rhodes posted on

    Hi, just a bit of advice please, I have inherited the house of my late mother, I have filled out ap1 form and as1, I have probate, one original and two copies, the probate have kept the original will but I have a copy, do i send the ap1, as1, copy of probate and will and do i need to send a death certificate. Many thanks. Regards Gary

    Reply
    • Replies to Gary Rhodes>

      Comment by AdamH posted on

      Gary - correctt but we do not require the will. We do not need the death certificate as the probate confirms the death as well as your authority to deal with the estate

      Reply
      • Replies to AdamH>

        Comment by Gary Rhodes posted on

        Thanks Adam for the quick response

        Reply
  72. Comment by Paul posted on

    My father passed away a few months ago & in his will it specified that half of the house goes to my mum & half to family beneficiaries (in trust) with mum having rent free occupancy rights for life; the same instruction was in my mother's will. Do you know which form I should use to register Mum & me as Trustees of the Life Interest which I understand our solicitor says we need to do to protect legal title. I understand we can't simply just use form DJP.

    My parents held the property as Tenants in Common & the life interest was apparently noted on the register although I couldn't see it on the paperwork supplied by the Land Registry.

    Reply
  73. Comment by jane posted on

    I need help working out the correct forms to complete.
    My brother and I have letters of administration over my late mothers estate, we are the only beneficiaries and it falls well under the Inheritance Tax threshold.
    I am transferring my half of the property to my brother, for 50% of the market value. The register shows my late father and mother as registered owners and a lender is shown, however we have the Discharge of Registered Charge Form, from when my father died. Am I correct in assuming we only have to complete a TR1 and an AP1 to transfer the title to my brother and include copies of the probate and the mortgage discharge, along side the Charge Certificate?
    thanks

    Reply
    • Replies to jane>

      Comment by AdamH posted on

      Jane - if it is in their joint names we will also need a death certificate for your Father. We do not need the Charge Certificate so you can retain that if you wish. If you did submit it then we would destroy it as they are no longer produced and do not have any legal worth now.

      Reply
  74. Comment by Rob posted on

    Hi my dad passed away in 2015 the house he owned he put in tenants In common even tho my mum left over 20 years previous he did this just before he passed away . In his will he left me everything now my mum passed away in 2017 but there was no will ,can I still transfer the house in to my name many thanks

    Reply
    • Replies to Rob>

      Comment by AdamH posted on

      Rob - when your Dad died the legal ownership passed to your late Mother. So you will need probate for her and an official copy of yourn dad's death certificate to transfer the legal ownership to yourself

      Reply
  75. Comment by M A posted on

    My mother passed 2 years ago and she was sole owner of her house. I obtained letters of administration as there wasnt a will. I am currently living in the house but the deeds are still in my mothers name. What should I do? and how do I change them?

    Reply
    • Replies to M A>

      Comment by AdamH posted on

      M A - if the property is registered and you wish to transfer it into your name then follow the blog article guidance and use forms AP1 and AS1 to apply. You would submit an official copy of the letters of administration with your application

      Reply
  76. Comment by Jane posted on

    Thanks for your prompt reply, could you help with completion of Box 4 AP1,
    "Column 1 Applications in priority order"
    Do I have just one application that of Transfer and the price paid being 50% of the value.

    Reply
    • Replies to Jane>

      Comment by AdamH posted on

      Jane - panel 4 should refer to the Transfer. And complete the value as appropriate to make it clear if whole or half the market value for example

      Reply
  77. Comment by Neil posted on

    Hi, I have inherited the home of my late grandmother. I am a named executor alongside my brother and father, we have probate. The registered owners of the property are my grandmother who passed in November and my late grandfather who passed in 2005, leaving his share of the property to my grandmother. Can you confirm what forms and documents are required to transfer the property? I believe forms AS1 and AP1 are needed and presume you also need to see probate but am not sure if form ID1 is required. Also, as the property does not appear to have been transferred to my grandmother, would you need confirmation of my grandfathers will? Thanks.

    Reply
    • Replies to Neil>

      Comment by AdamH posted on

      Neil - if the property was registered in their joint names then the legal ownership passed to your late Grandmother in 2005 even though she did not update the register. As such and if it is to be transferred to the beneficiaries you will need forms AP1 and AS1 plus an official copy of both his death certificate and her probate. You will need to have the identities confirmed for anyone involved who is not a named executor within her probate

      Reply
  78. Comment by Jacqueline posted on

    Hello,

    My uncle recently passed away. He was a British subject. The executor of his will is a cousin who resides in England. My sister and I (each a third inheritor of his estate along with our executor cousin) reside in North America. Our cousin has told me, after my buying a $1000 plane ticket and taken 3 weeks holidays off work, that I am not allowed into our uncle's home due to legal and insurance reasons. I was to clean the house for three weeks and prep the garden for sale. Now I will be stranded in England with no where to stay for three weeks and nothing to do.

    Is this a normal practice? I am shocked that every single thing dealing with the house, cleaning, boxing items, gardening, lands upon just one person and no one else can help. Many thanks for any response.

    Reply
  79. Comment by A Graham posted on

    My Mother and Father are Tenants in Common. They each own 50% of the property. My Mother recently passed away. In her will she left half of her property to her three children in trust. Which forms are required to be sent to the Land registry to notify them of the change in ownership?

    Reply
  80. Comment by tina rhodes posted on

    hello
    in 2009 i and my soon to be husband had to take out a mortgage to buy my first husband out, the mortgage company would not do it just in my name because i was not earning enough,we went has tenants in common at 75/25 to him because he was the one that was suppose to be paying done through the banks solicitors, we then married in 2010 in 2014 he stopped paying for mortgage and started to spend on other women, i got in touch with mortgage and made sure i was not getting behind with paying and have been paying since, in feb 2016 he took is own life, we was 5 days from divorcing , has far has i know he did a will but did not include me, i do not have the money to seek legal advice as well as pay for mortgage, what do i need to do in regards to his death at land reg thank you for any advice and help on this matter,

    Reply
    • Replies to tina rhodes>

      Comment by AdamH posted on

      Tina - I am assuming the property is registered in your joint names and if you wish to update those details you can complete and submit the form DJP the article links you to along with an official copy of his death certificate. https://www.gov.uk/government/publications/deceased-joint-proprietor-djp
      If you registered a form A restriction on the title to reflect the TIC you refer to then this may be something you also need to consider. Our PG 6 section 7 explains this in more detail but it is a complex subject to understand fully https://www.gov.uk/government/publications/devolution-on-the-death-of-a-registered-proprietor
      You will need wider advice to understand what has happened to his % share as a result of his death. If oyu cannot afford a solicitor I would recommend contacting your local Citizens Advice Bureau for assistance.

      Reply
      • Replies to AdamH>

        Comment by tina rhodes posted on

        thank you for that info adam ,I have already informed the government web about the death, would i still need to send another to land register? can i legally get is name removed of it?would i need to alter the fact that we married also ?

        Reply
        • Replies to tina rhodes>

          Comment by AdamH posted on

          Tina - as we register land/property we are not linked to the 'Tell us once' process under Gov.uk so we would need a formal applicaiton to update the register. If you have changed your name on marriage then you can use a form AP1 and submit official copies of both the death certificate and marriage certificate instead. Complete panel 4 to refer to Death of Joint Proprietor and Change of Name on marriage https://www.gov.uk/government/publications/change-the-register-ap1

          Reply
  81. Comment by OD posted on

    My mum passed away in Dec 2016. My dad and i are now administrators of her estate as she was the sole proprietor. My dad has agreed for me to take full ownership of the property. Is this just an AS1 form?

    Reply
  82. Comment by PM posted on

    Hello,

    My wife passed away in September 2017. She owned her own house and it is rented out. She has left this house 50/50 to her son and daughter in her will. I am the Executor, I applied for Probate and Probate has been granted.
    The house is probably entered in her maiden name, does this make any difference? The Death Certificate mentions her maiden name and her married name.
    Do I now fill out AP1 or AS1 and is it fairly easy to do or would I need any advice? Thanks for your help.

    Reply
    • Replies to PM>

      Comment by AdamH posted on

      PM - the article and our short guide take you through what forms oyu need and how to submit an applicaiton if the proeprty is registered and is to be transferred to her son and daughter. https://help.landregistry.gov.uk/app/contactus_bereavement?utm_medium=GOV.UK&utm_source=govuk&utm_campaign=death_contact_page_to_guide&utm_content=web_page
      If that is to happen then you will need forms AP1, AS1 and ID1 verification for any party not named in the probate as the executor. I would suggest submitting an official copy of her marriage certificate as well to confirm the name variation
      It can be a fairly easy registration process and any complexity comes from how her estate is dealt with and discussing options around how best to then deal with the property and how legal ownership may impact on the son and daughter.
      If you are unsure then I would storngly recommend seeking legal advice/assistance

      Reply
      • Replies to AdamH>

        Comment by PM posted on

        Thanks Adam for your speedy and comprehensive advice.

        Reply
  83. Comment by Jayne Robins posted on

    Hi
    My husband died last year, he left a will leaving everything to me his only family and because I am not yet able to afford to get all the valuations as he had some debt I have not yet applied for the probate. He had a rental house in his sole name with a mortgage which was rented out. I’ve been paying the mortgage using the rent money and the bank have been kept informed and are fine with it. The tenant is now moving out and I need to get a new tenant. Can I draw up a lease for the new tenant in my name even though I have not finalised his estate yet or do I have to wait for probate? The bank have given permission but I want to make sure that I’m legally allowed to. I have all the necessary landlord licences etc as I have my own properties that I rent but this one is still in his sole name.

    Reply
    • Replies to Jayne Robins>

      Comment by AdamH posted on

      Jayne - it's not something we can advise you on I'm afraid and it's legal advice you really need here. If the lease will be registerable then it has to be granted by the legal owner and in my experience that would mean you needing to obtain probate and then transfer the freehold ownership into your own name. If the lease is for less than 7 years then it most likely won't be registerable so that takes it outside of our remit also.

      Reply
  84. Comment by Tanya posted on

    Hi,
    My Mum died recently, I have found a will on which it states I am executor and sole beneficiary of the Estate. The estate consists of one property which my husband, myself and my Mum were tenants in common. My Mum also had another house, but having checked the land registry this was still registered in my deceased Dad's name. I don't understand why as we instructed solicitors to sort out his estate as he died very suddenly and it was very difficult. Just need some as advise as to what to do.
    Thanks

    Reply
  85. Comment by Victoria Line posted on

    I am the executor of my Mother's estate. Do I have to transfer title to me and/or siblings OR can I sell in my capacity as executor when the time comes?

    Reply
    • Replies to Victoria Line>

      Comment by AdamH posted on

      Victoria - a buyer can accept probate as the authority to sell so in many cases it is not necessary to transfer the legal ownership before selling

      Reply
  86. Comment by SECB posted on

    Hello
    Our mother left my sister and I two properties, both of which are recorded solely under her name with the Land Registry. My sister and I are her executors and we have probate. We are not using solicitors.
    Her Will states that we are equal beneficiaries and wanted one of the properties to go to me and the other to my sister.
    Am I correct in thinking that we need to complete a Form AS1 and Form AP1 for the transfer of the first property to me and a separate AS1 and AP1 for the transfer of the second property to my sister?
    Also, I am not sure if this can be done online or whether we would need to send everything by post.
    Please could you advise?
    Many thanks

    Reply
    • Replies to SECB>

      Comment by AdamH posted on

      SECB - that is correct re two separate applications using forms AP1 and AS1. You can only submit them by post

      Reply
  87. Comment by ailsa posted on

    My mum died recently and my sister and I are the sole beneficiaries and inherit her house. We have the original deeds and have also the grant of probate, but the property was never registered . Do we need to register the property and put it in our names to be able to sell? If obligatory by law what forms do we need and what is the cost?
    Thank You

    Reply
    • Replies to ailsa>

      Comment by AdamH posted on

      Ailsa - it is not obligatory by law but in my experience a buyer may not be happy to complete whilst it is unregistered. Much will depend on their solicitor and how they view the situation/original deeds.
      If they insist that you register it first then you would need to Assent the ownership as per the article guidance but also refer to Practice Guide 1 re how to register for the first time. https://www.gov.uk/government/publications/first-registrations
      The Assent will trigger the need to register and you should refer to PG1 and forms FR1 and DL instead of the AP1 referred to in the blog article

      Reply
      • Replies to AdamH>

        Comment by Ailsa posted on

        Thank you Adam I have been advised legally that if I apply for first registration using FR1 and DL as representatives we can then sell the property. We are both executors would we both need to make aplication or can I act alone as my sister isn't easy to pin down. Do I need is as we have great of probate? Thanks

        Reply
        • Replies to Ailsa>

          Comment by AdamH posted on

          Ailsa - if you are both named in the probate then you would both need to be registered. You should be able to complete the application yourself though

          Reply
          • Replies to AdamH>

            Comment by Ailsa posted on

            Thanks again I spoke to conveyancer yesterday and was advised we don't have to complete AS1 all we need is FR1/ DL not sure about ID as we are both on grant of probate. I am very confused because he told me we could keep the property in my dead mum's name. Is that true or do we need to register and transfer to sell.

          • Replies to Ailsa>

            Comment by AdamH posted on

            Ailsa - you need to rely on your legal advice here. If you do not transfer the ownership then we would consider the application as requiring us to register the ownership in your names in your capacity as personal representatives. We would not register it in your late Mother's name but would consider adding your names and adding 'as Executors of [name of mother], deceased'.
            Where a property is unregistered and is being sold by the executors a buyer will often ask for it to be registered first. In my experience most will transfer the ownership to the beneficiaries who are then registered and able to sell. Applying to register it in your names as personal representatives in this case is in effect the same thing and either application would trigger the need to register for the first time.
            We would not generally require evidence of identity for any party named as executor in the probate.

  88. Comment by Carol S posted on

    Our mother died last year and left her property to my brother and I in her Will, the house deeds are in her name
    We don't want to sell the house for some years, can we transfer the deeds to be jointly in my brother and my name. Thank you

    Reply
  89. Comment by Carl posted on

    My sister passed away 4 years ago intestate with no will. My father her next of kin was granted letters of administration. My sisters property was mortgaged and had capital in it that she paid as deposit. My father was unable to take over the mortgage due his age was it was agreed he could continue to pay the existing mortgage as pers reps. I am now in the process of having the property transferred to me. My father with letters of administration has instructed a solicitor to create a deed of variation that turns me into the beneficiary of the property. This deed has been signed by all parties with an interest and is complete. The next stage I am having great difficulty understanding. Does the property now need to be assented by my father to myself (AS1), or transferred (TP1). The mortgage provider has advised they can do a TOMP (transferred of mortgage property) but only once I am the pers reps of the current mortgage. Does this mean I will need to be named title holder first by either assent or transfer or does the mortgage provider need to agree to the title being put in my name? Very confusing any help would be much appreciated.

    Reply
    • Replies to Carl>

      Comment by AdamH posted on

      Carl - it reads as if it is a confusing situation and there is a limit as to what we can really assist you with as it reads very much as if you both need legal advice/assistance. Deeds of variation, in the context you refer to, generally relate to the will/probate and not the legal ownership.
      We register the legal ownership so if the property is registered in your late Sister's sole name, your Father is the Adminstratoir of her estate, and you are now the beneficiary then he can transfer it to your by way of an Assent (form AS1). The application would be made using form AP1 and an official copy of the letters of administration would also be required. You, as the beneficiary would also need to have your identity verified. He would not as he is named as the administrator.
      The blog article and our online short guide cover the registration requirements https://help.landregistry.gov.uk/app/contactus_bereavement?utm_medium=GOV.UK&utm_source=govuk&utm_campaign=death_contact_page_to_guide&utm_content=web_page

      If there is an existing mortgage it is veyr likely that the lender will have to consent to you becoming the legal owner and taking on the mortgage. They are also likely to insist that you use a solicitor. But you would need to clarify that with them.

      Reply
  90. Comment by Nirvikalpini posted on

    My two uncles and aunt are tenants in common of a property (equal shares) . One of my uncles has passed away leaving his share to his two daughters. The other uncle is strongly suggesting to my aunt to add his friend as a new transferee using form TR1 for the 'purpose of giving effect to the appointment of a new trustee' and that this friend has no beneficial interest. I understand that the properties registered ownership does not necessarily reflect the beneficial ownership ( as in this case ) however as an adviser to my elderly aunt I would like to understand in what ways adding this new trustee to the land registry now would effect her ( and/or her brother's daughters ) in relation to selling/managing the property either now or in the case of her brother's death. Thank you

    Reply
    • Replies to Nirvikalpini>

      Comment by AdamH posted on

      Nirvikalpini - from a registration perspective such a transfer would place the legal ownership in the three of them. As such any sale would need all three to execute the transfer for example. How that effects the 'management' of the property would ot be a registraiton matter. How the change effects your aunt is not something we can advise you on and it is very much legal advice you need here as to it's impact an both her and the beneficiaries of the deceased's beneficial share

      Reply
      • Replies to AdamH>

        Comment by Nirvikalpini posted on

        Thank you for your quick response. We will seek legal advice

        Reply
  91. Comment by john tanner posted on

    A quick question because I seem to have got myself confused! My mother has died and left a property. I am a beneficiary and I am the executor with probate. Do I need to transfer the title into my name before I sell the property.
    An extra detail is that I believe, but do not know, that the property was held in joint the names of my mother and my father but my father died some 20 years ago and I am uncertain if it got transferred into just my mother's name

    Reply
    • Replies to john tanner>

      Comment by AdamH posted on

      John - generally speaking you don't need to transfer the ownership before selling. The buyer cna often rely on the probate as evidence of your authority to do so. If it is registered then you should check the registered details. If it is not then the deeds should confirm if jointly owned or not

      Reply
      • Replies to AdamH>

        Comment by john tanner posted on

        Many thanks for your very quick reply.
        I downloaded a copy of the register and on that both my parents are detailed. As my father died some 20 years ago and my mother has only just passed away do I need to get it registered in either her name only or in my name in order to sell or does it not really matter?
        Many thanks for your help in this

        Reply
        • Replies to john tanner>

          Comment by AdamH posted on

          John - it should not matter if registered as you can demonstrate how oyu can sell by providing your Father's death certificate and your Mother's probate.

          Reply
          • Replies to AdamH>

            Comment by john tanner posted on

            Adam
            Many thanks
            John

  92. Comment by Karen Harris posted on

    Hi there, my partner died in 2007 and left the house to me, I never transferred the house to my name but everything was done properly with probate, my question is I now want to sort out my affairs and put he house in my name will I have to pay inheritance tax now as the house was a lot cheaper in 2007 well under the inheritance tax rules.
    Karen

    Reply
    • Replies to Karen Harris>

      Comment by AdamH posted on

      Karen - we do not deal with IHT and I would recommend you contact HMRC or seek wider legal/financial advice
      . Online forums such as Money Saving Expert oiften air and discuss such matters also

      Reply
  93. Comment by Anuj Datta posted on

    Hi - I have come across a piece of land that I wish to purchase so that I can self-build my family home. From the land registry title deeds (obtained through the online service), it appears that since 2007 two of the co-owners (also now passed away RIP) raised a caution stating that all of the other interest parties have so far could not been located.

    Could you please advice on my next steps?

    Many thanks

    Reply
    • Replies to Anuj Datta>

      Comment by AdamH posted on

      Anuj - you will need legal advice as to any available next steps. We can provide the registered details but we cannot advise you on how to complete a purchase for example, locate interested paries or how the law deals with land/property where the owners have died in these circumstances.

      Reply
  94. Comment by Joan L posted on

    Hello,

    My mother was the sole owner of the house that she and my father have been living in. She died last year and has left the house to my sister and myself, my father is still living in the house. We are happy for him to continue doing so for as long as he wants to, do I need to do anything regarding transferring paperwork etc. at this stage?

    Best wishes.

    Reply
  95. Comment by James posted on

    My mother and father bought a house in 1955 and are jointly named on the deeds. My father died in 1991 and my mother carried on living in the house until her death in December 2017. My mum didn't change the deeds when my father died or register the property with the Land Registry. My mother left the house in her will to myself and my two sisters. She also left a part of the land to me alone. I now have Probate as executor. We don't want to sell the house at the moment and I don't want to sell the piece of land which was left to me. Which forms do I have to fill in to get the two parts of the property registered with the Land Registry in the first instance. Thank you

    Reply
  96. Comment by Lee K posted on

    My step mother died in September last year, she jointly owned a property with my father there was no will and no probate so the property therefore went to my father. Sadly my father died in April this year, I did not deal with the affairs of my step mother but I am fairly sure no notification was give on form DJP , unless this is done automatically somehow. My question is as I am now applying for grant of administration and probate will I need to get the DJP completed prior to dealing with the estate or can I , as I envisage from previous comments, complete the forms for both parties now, or indeed do I need to complete for step mother? Thanks for your assistance.

    Reply
    • Replies to Lee K>

      Comment by AdamH posted on

      Lee - if the property is registered in their joint names then the legal ownership passed to your Father. If the register is to be updated you will have to account for the death of your step Mother by providing an official copy of her death certificate. For example if you are selling the buyer will need her death certificate and probate for your late Father.

      Reply
  97. Comment by gills posted on

    Please advise if all executors are required to sign the TR1 or is it acceptable that one executor can transfer (for value) the property. Thanks for your assistance

    Reply
  98. Comment by jane posted on

    Please could you advise as I have got myself a little confused, re the correct amount to enter for the consideration? Value of our late mother’s estate is property of 90,000 and money of 44,000, so no inheritance tax payable. We are have both agreed that, as my bother wants to keep the property, I will have his 50% share of money plus 24,000 in cash payment from him to balance out the values. Also I’m not sure what the consideration amount should be. Is it 45000 (50% of the independent valuation) or 24,000 which is the cash amount he is paying. Can we use an assent form AS1 as it is to a beneficiary or is the transfer TR1? Plus AP1.
    Many thanks, just reiterate what others have said in stating what a brilliant site this is.

    Reply
    • Replies to jane>

      Comment by AdamH posted on

      Jane - any consideration would normally be what is being paid as you are in effect paying him for his share in the property. You are in effect going one step on from the transfer by the executor to the beneficiaries, which would be where AS1 was used, so the AP1 plus TR1 is the correct route to choose. We would also need forms ID1 for anyone other than the named executor(s) in the probate
      The blog article is written to assist people delaing with property following a death. However enquiries are best submitted online through our contact form or you can self-help using our online short guide https://help.landregistry.gov.uk/app/contactus_bereavement?utm_medium=GOV.UK&utm_source=govuk&utm_campaign=death_contact_page_to_guide&utm_content=web_page
      The blog allows for comments and Qs to be raised and that is quite natural

      Reply
      • Replies to AdamH>

        Comment by jane posted on

        Thanks Adam,
        We can now finalise the paperwork relating to our late mothers estate.

        Reply
  99. Comment by chinya posted on

    When someone dies who owned a property as Tenants in Common leaves their portion to a daughter/son of the executors are granted probate can the Land Registry be updated without the surviving owner.
    The child will not inherent until they are 25 so will be put in a trust over seen by the executors.

    Reply
    • Replies to chinya>

      Comment by AdamH posted on

      Chinya - on death of a joint owner the legal ownership passes to the surviving owner. If it is to be transferred to someone else at any stage then that sole surviving owner will need to transfer it and be involved

      Reply
  100. Comment by Deb posted on

    My father in law died. He had recently remarried. His will stipulates his surviving spouse may live in the house until she dies at which point it passes to his son from a previous marriage. It also allows that if his wife wishes to move to a smaller property she may do so by his son selling the house and buying her another property. The remaining proceeds from the sale are then to be put in trust for the son until after the wife passes. His wife now wishes to move into a new home which her new partner is purchasing. She wishes to rent out the house. Can she legally do this? Is the house technically hers at the moment?

    Reply
    • Replies to Deb>

      Comment by AdamH posted on

      Deb - you need legal advice as to what either party can or cannot do. From a purely registration perspective if the legal ownership was owned by them jointly then it has passed to her as the surviving owner. Any sale, remortgage or lease for example would be completed by her but I assume that the son's beneficial interest will have some impact - that is where the legal advice must come in and also cover whether renting it is contrary to the trust

      Reply
  101. Comment by chinya posted on

    Thank you for the reply.
    Does this still apply if the person that died severed ties in the property?
    Then could the executors simply fill a DJP form accompanied with a Death Certificate to remove the name of the person that passed away.

    ​At the same time complete an AP1 form ​to add Executors on behalf of the Beneficiary, who would also had been added to the registry?
    I assume the executors might have to complete an ID1 form?

    Many thanks

    Reply
    • Replies to chinya>

      Comment by AdamH posted on

      Chinya - anyone can update the register re the death using form DJP but they can't add someone else. As posted if the legal ownership is to be changed then the surviving owner will have to transfer it

      Reply
      • Replies to AdamH>

        Comment by chinya posted on

        Just to clarify. The surviving owner has to add the name of the beneficiary and does not need to include the executors name. The trust has nothing to do with the register and is something completely separate. No need to log a restriction?

        Many thanks
        Chinya

        Reply
        • Replies to chinya>

          Comment by ianflowers posted on

          Chinya - I'm replying as Adam is currently unavailable. You indicated initially that the original owners held the property as tenants in common, in which case a trustee restriction will usually already be subsisting in the register in accordance with the duties of the trustees. Our blog - Legal estates and beneficial interests may be of interest and this gives further information on what can be a complex area - https://hmlandregistry.blog.gov.uk/2016/08/16/legal-estates-beneficial-interests-whats-difference/ .

          But yes, the surviving owner can add the name of a beneficiary themselves by way of a Transfer of ownership, for example, to reflect the terms of a trust. A trustee restriction in the register will usually only limit or control the power of the surviving owner(s) to sell the property.

          Although we can give general procedural advice, we cannot advise as to what action take in your case. So if you are in any doubt we would suggest considering seeking independent legal advice, for example, from a conveyance such as a solicitor.

          Reply
          • Replies to ianflowers>

            Comment by chinya posted on

            Thank you for the reply and the link.

  102. Comment by S Singh posted on

    My father passed away leaving his house to my mother. It was in his name alone. I need to transfer the house into my mother's name. I am the executor of the estate and have a grant of probate. Due to my mother being unwell I have a power of attorney to look after her affairs including dealing with this transfer.

    Which forms do I need to complete?

    Do I need to complete any ID forms as well?

    Reply
    • Replies to S Singh>

      Comment by AdamH posted on

      S Singh - the article links you to the forms AP1, AS1 and ID1 you will need. Do read the linked guidance and completion notes for the AP1 and AS1 as well. Form ID1 and identity verification will be needed for your Mother but not you.

      Reply
      • Replies to AdamH>

        Comment by S Singh posted on

        Thank you

        Do I sign the ID1 on behalf of my mother in light of the power of attorney?

        Reply
        • Replies to S Singh>

          Comment by ianflowers posted on

          Hello. I am replying as Adam is currently unavailable. No, the ID form would need to be signed by your mother and the verification aspect would be in respect of your mother rather than you as attorney. But we understand it may not be possible to provide form ID1 for a person who lacks capacity - where this relates to an enduring or lasting power of attorney, we would require proof that your mother lacks capacity, such as a letter or report from a medical doctor. This would be considered once the application is lodged with us for registration.

          We would also need evidence of your appointment and powers as attorney.

          Reply
  103. Comment by Rachel walker posted on

    I have inherited a property I have probate and wish to put in my name but I need to raise a mortgage to solely own the property as my late father equity released some funds leaving a charge on the property so does this mean I fill out ap1 and as2 and I'm unsure of what I wright in panel 4 for the application as it's not just an assent it's a purchase as well so do I make more than 1 application and would I pay scale 1 or 2 fees value of house 240,000 mortgage raised 80000 I plan to live in the property many thanks

    Reply
    • Replies to Rachel walker>

      Comment by AdamH posted on

      Rachel - AS2 would be used if your late Father was the charge owner and that does not seem to be the case here. You seem to be wanting to transfer the ownership to yourself as executor to beneficiary, so form AS1 is the correct form along with an application form AP1. The registration fee for that application would be payable under Scale 2 on the current market value of the property
      You are not buying it but you are then looking to mortgage it to pay off the charge. So you can either transfer it first and then apply for a mortgage and release the charge. Or do that alongside your AP1/AS1 application.
      I'd have a word with your mortgage lender first and see whether they have any requirements re how this is done

      Reply
  104. Comment by HarryK posted on

    My mother and father had mirror wills.
    Each to become sole executor and beneficiary of the other upon 1st death.
    My brother and I were to be co-executors and co-beneficiaries upon 2nd death.
    The house was in my father’s name and he passed 10 years ago.
    My mother got probate after my father’s death.
    My mother did not get around to registering the house in her name.
    She has now passed.
    My brother and I now have probate for my mother’s estate.
    Which form do we need to fill in? AP1 & AS1?
    I presume we need to send official copies of both probate documents off as this will make everything clear?

    Reply
    • Replies to HarryK>

      Comment by AdamH posted on

      Harry K - AP1/AS1 is correct and we will need official copies of each probate. The key is that they then show a chain of representation so probate for Father names Mother as executor and probate for Mother then names you both as executors

      Reply
  105. Comment by Guy B posted on

    My Dad has left his share of the property to an Interest in Possession Trust
    with my Mum as the life Tennant set up on his death. Mum and myself are
    joint trustees and are also registered proprietors of the property as tenants in common. I have removed my Dads name from the register using DJP.
    My Question is: What needs to be done to recognize this change in beneficial interest as the Trustees now own his share but the Trust holds the beneficial interest.Does this need a transfer form or JO form to declare the new trusts interests or additional restriction to the current form A ?

    Reply
    • Replies to Guy B>

      Comment by AdamH posted on

      Guy B - you will need legal advice as to what 'needs' to be done. Whilst we can advise on how to register/protect an interest under a trust we cannot advise you on whether it is needed/necessary for example.
      We register the legal ownership and whilst the beneficial ownership can result in additional entries being made, such as a form A restriction, we do not detail the $ shares or otherwise.
      I would recommend reading our PG 24 and then getting some legal advice as to how best to protect the various interests involved https://www.gov.uk/government/publications/private-trusts-of-land

      Reply
      • Replies to AdamH>

        Comment by Guy B posted on

        Thanks Adam, I have read practice guide 24 and obtained some legal advice
        but this has not made clear the correct procedure to follow in this case.
        I believed that if I used Form JO to make a Declaration of Trust to show the Beneficial interests and entered a Form B restriction relating to the Trust, this would establish the existence of the trust to the Land registry and protect the third party interests. I also believed it would be unnecessary to conduct any transfer as the trustees already hold title to the property.I am not sure what happens to my Dads share as I have just removed him from the Title register.I understand your involvement is mainly in establish legal title to property rather than beneficial interests. I would appreciate any help as the advice I have received is not clear on what actions need to be taken

        Reply
        • Replies to Guy B>

          Comment by AdamH posted on

          Guy B -form JO would only be used with forms AP1, FR1 or ADV1 so it would not be used with say form RX1 if you applied to register a form B restriction.
          We do not record or register the specific details re the beneficial shares or %s involved. Those details may, but not always, be included in forms submitted e.g. form TR1 when joint owners buy a property
          Your Dad's share still exists but much depends on how it is now to be held and by whom but it essentially forms part of the trust already created.
          We cannot advise you as to whether a form B restriction is required - the PG 24 explains the registration requirements but we can;t then advise you on whether the trust needs to be amended in any way, a restriction registered (or not) or indeed whether the legal ownership should be transferred. The correct procedure will be decided upon how the trust has been set up and what has happened to your late Father's share but again these are not matters we can advise you on. I would recommend speaking to the solicitor who advised re the trust/wills for example as to what action is required and whether that means an application to update the register in some way is then recommended

          Reply
  106. Comment by Guy B posted on

    Thanks Adam,can you confirm who owns legal title to my Dads share of the property now he is deceased ?

    Reply
    • Replies to Guy B>

      Comment by AdamH posted on

      Guy B - the legal ownership passes to the surviving registered joint owner(s). The legal ownership cannot be split into shares in the same way as the beneficial ownership can. So any transfer of the legal ownership is done as a whole.

      Reply
      • Replies to AdamH>

        Comment by Guy B posted on

        Thanks Adam, Do changes in beneficial interest need to be registered with the land registry or can they exist in other legal documents held by the property owners ?

        Reply
        • Replies to Guy B>

          Comment by AdamH posted on

          Guy B - they rarely need to be registered and often the details can't be. In my experience changes made re the beneficial shares in the case of say a trust deed are private to the parties involved. The register can refer to the restrictions the trust may place on the owners but no details are included

          Reply
  107. Comment by Emily posted on

    I have lived with my grandmother for 21 years I now have a daughter and my grandmother is my guardian. My grandmother is the home owner and has paid of all her mortgage.
    If she was to pass away would I have any rights to the house as we both live here with my daughter.
    I don’t know if she has a will or who is in the will either

    Reply
    • Replies to Emily>

      Comment by AdamH posted on

      Emily - very much something you need to get legal advice upon. We register the legal ownership and any changes that may result but how the law views such matters is one for a solicitor to advise you on

      Reply
  108. Comment by rm posted on

    Hi
    I am the executor of my late fathers will(& have probate) , the will leaves the house in whole to my mother. (My father was the sole owner)
    In panel 4 do i write ' Transfer by assent' as the application type?
    In Panel 6 do i write both my mother's and alsomy name as the applicants or only my mother?
    In Panel 14 am i the Transferor and my mother the transferee?(i'm not using a conveyancer or solicitor)

    Many Thanks

    Reply
    • Replies to rm>

      Comment by AdamH posted on

      rm - panel 4 can simply refer to Assent; panel 6 should refer to the person being registered as the new owner, so just your Mother; you are the Transferor and your Mother is the Transferee

      Reply
      • Replies to AdamH>

        Comment by rm posted on

        Hi AdamH
        thanks for your help its greatly appreciated.

        Reply
      • Replies to AdamH>

        Comment by randhir mahal posted on

        Sorry Adam , one more question . On a form AS1 box 12 execution , in my case would this be signed by both myself (the transferor) and also my mother ( the transferee)?

        Many Thanks
        RM

        Reply
        • Replies to randhir mahal>

          Comment by AdamH posted on

          Randhir - all named parties should execute the AS1. See the linked notes re completing the form AS1 for full guidance

          Reply
  109. Comment by Jen posted on

    Ive been left a share in my fathers property i want to buy out the other beneficiaries. I have grant of represntation but some are under 21 and I have been left as their trustee. Do i need to add there name to the deeds or can i have the deeds moved to my name and then take out a mortgage to pay off the older people? I plan on releasing equity when each of the children turn 21 to provide there share.

    Reply
    • Replies to Jen>

      Comment by AdamH posted on

      Jen - anyone under 18 can't be added as a legal owner. Whilst the legal ownership can be transferred to a sole name and the beneficial shares dealt with as and when and how we can't advise you on the best way to deal with such matters. If the property is registered in his sole name then as executor you can transfer the legal ownership as the blog article explains. The beneficial interests of the others can be dealt with in other ways but I would recommend getting legal advice as to what options exist before deciding how to proceed

      Reply
  110. Comment by Aleisha posted on

    My gran died 2014, she was a joint tenant with her husband who has since died he never changed the deeds into his sole name and he has no children but my gran has 3 surviving children. Who would now own the house?

    Reply
    • Replies to Aleisha>

      Comment by AdamH posted on

      Aleisha - the legal ownership will have passed to her husband after her death. You will need probate for him to then deal with the property. Who has now inherited is not something we can advise you on and I would recommend you seek legal advice to ascertain what claim, if any, their respective next of kin etc may have here.

      Reply
  111. Comment by Sue McLean posted on

    Married couple, Dad dies in 2002, property in his sole name, probate not applied for. Mum recently died and property is also unregistered. Two children and equal beneficiaries can't sell property as probate is needed on Dad, to transfer title. Would registration be applied for first and if yes, whose name, would it be registered in ? Can probate be applied for some 16 years after death ? Any implications ?

    Reply
    • Replies to Sue McLean>

      Comment by AdamH posted on

      Sue - probate enables the personal representative to deal with the deceased's estate, which in this case would include the property. It is the transfer of the legal ownership which then triggers the need to register. In some cases a buyer may be happy to complete based on the deeds plus probate. However if not you have to decide in whose favour the transfer is to be. If it is the beneficiaries then they would be the names you are applying to register
      Probate can be applied for at any time but you should contact the Probate Service for clarification

      Reply
  112. Comment by Sue McClean posted on

    Dad did leave his ownership of property in his Will to Mum. Is there a need to transfer title to Mum because of Will or can we transfer title to equal beneficiaries. Ultimately the beneficiaries will receive title anyway. Property had been sold to buyer, just looking for quickest route?

    Reply
    • Replies to Sue McClean>

      Comment by AdamH posted on

      Sue - as Mum has now sadly passed away you can't transfer it into her name and then apply for probate for her, which I think is what you are suggesting as an option. Historically properties were often in the Husband's name only and passed to the widow through inheritance but it still has to be transferred to ensure the legal ownership changes.
      The Will deals with the decease's estate and wishes but does not transfer the legal ownership. The quickest route is to obtain probate for Dad and the named executor(s) then sell the property based on the deeds and probate. If buyer will not complete as Dad has passed away so many years ago then alternative is to apply for first registration either as the executors or by transferring to the beneficiaries

      Reply
  113. Comment by Paul posted on

    Hi, My late father left his property and estate to myself and my brother. He granted me probate in his will and all of the assets have been sorted except for the property. After a period of time with the property on the market for sale, i decided to take the 'market value, best offer' and buy my brother out of the property ownership (50/50) I have a signed document to the effect that he accepts the 50% payment in respect of the property transfer. I have since had the property renovated and now need advice to legally make the property in my name only. No transfers have yet been made so i assume it is still in my late fathers name. Which document do i need to make the transfer official in law please.

    Reply
  114. Comment by Elaine posted on

    Hi
    My mother has recently died and I have been named as executor. She lived in a house owned by her late partner , who died in 2007. His will bequeathed the house to her and his 2 sons. However, I have found a letter from his solicitor that states that the beneficiaries did not wish to proceed with transfer of the deeds to joint names due to financial reasons. The house is therefore still registered in his name only. Is the house therefore now owned by his sons only? Can we just clear the house of her possessions and leave them to sort out selling the house? If she does not own any part of the house then I may be able to sort out her estate without probate

    Reply
    • Replies to Elaine>

      Comment by AdamH posted on

      Elaine - the house forms part of the deceased's estate so the legal ownership has not passed on. Probate would be required and the property then transferred as appropriate by the named executors. Your late Mother will have an interest in the beneficial ownership of her late partner's estate so that is something to consider resolving with legal advice. As the property formed part of his estate then it reads as if she has an interest in it in so far as a share of it's value. Definitely something to get legal advice upon re wills/inheritance

      Reply
  115. Comment by Megan posted on

    Hi Adam,
    So my grandparents and my father and uncle's names are all on the deed. In the order of my Grandfather, Grandmother, Uncle then my father all have passed away. My Grandmother is the only one who had a will. I was not aware of how to have it probated in Tennessee. Her will leaves the house to my father. Father did not have a will, therefor my mother gained all of his things. My mother passed away in 2014. Do you know if just myself can show ownership to gain the house back or does it have to be me, my sister and all 3 of my uncles children? Any help is greatly appreciated.

    Reply
    • Replies to Megan>

      Comment by AdamH posted on

      Megan - we would not know or be able to advise. You need legal advise from a solicitor familiar with wills/inheritance and probate law. From purely a registration perspective the legal ownership passes on death of each joint owner to the surviving owners. As such you would normally require probate for the last one to pass away in order to then deal with the property. The issues over who inherits, whether a will takes precedent over no wills etc are all matters to do with the four beneficial estates.
      In my experience the key would be obtaining probate as explained and then dealing with the property and the estate in accordance with the legal advice obtained. The other three estates will also need to be considered in that wider mix

      Reply
  116. Comment by flilu posted on

    Dad died May 2016, property unregistered. I am joint executor with one sister, there are 2 other siblings and all 4 of us are beneficiaries. I have been living in the property for over a year and have bought the other siblings out. I have recently sent off forms FR1, DL, AS1, CCT and ID1 for myself and my sister who is an executor, asking for the property to be registered in my sole name. We have not used solicitors.

    Now wanting to sell and estate agent wants to know who the legal owner of the property is and proof that I am the only beneficiary (which I'm not) before they will market the property.

    Can I ask for the FR process to be expedited or does this have to be done by a solicitor? If I can do it myself, how do I do it? It seems this will have to happen before the agent will market the property. Who is the legal owner of an unregistered property when the owner dies? Will it be a problem for the LR to register it in my sole name? If so, why?

    Reply
    • Replies to flilu>

      Comment by AdamH posted on

      Flilu - if you submitted the application then you can contact us with details of the linked transaction and a request to expedite. https://help.landregistry.gov.uk/app/contactus_general/?utm_medium=newsletter&utm_source=govuk&utm_campaign=death_contact_page_to_contact_form&utm_content=web_page
      However if you don;t have a confirmed buyer then we are unlikely to do so. The probate provides the executors with the legal authority to deal with the property, inc sell it. If you have a copy of the deed in favour of your late Father and probate then it may be worth showing those to the agent and explaining that the application to register is submitted so the property can be marketed. The issue over it being registered is usually a matter for the buyer/their solicitor
      The property forms part of the deceased's estate and until it is transferred to a new owner it remains as such. I cannot see why, based on your comment, that there should be a problem in registering it in your sole name if the executors have transferred it to you.

      Reply
      • Replies to AdamH>

        Comment by flilu posted on

        Thank you so much. The agent has all relevant documents but is still asking for a letter from a solicitor stating who the legal owner of the property is. I may well be changing agents soon ...

        Reply
        • Replies to flilu>

          Comment by AdamH posted on

          Flilu - noted but not an area we deal with directly as the Agent is at the start of the process and we are at the end. Each may differ in their requirements and I have seen examples online where buyers have become disgruntled as the agent never mentioned that it was a probate sale for example. But that tends to be with unregistered properties where the 'risk' is seen as being greater perhaps.

          Reply
  117. Comment by Micky C posted on

    Hi I was the executor and sole beneficiary of a house left to me in my Mums will 3 months ago - I have a grant of probate and was told I needed to apply to Land Registry to transfer the deeds in my name - What do I need to do now - just sell it? and did I have to get the deeds transferred first ? Thanks

    Reply
    • Replies to Micky C>

      Comment by AdamH posted on

      Micky C - if it is registered in your late Mother's name only and you want to sell then you should find that probate will enable you to do so without transferring it into your own name. Something to query with your own solicitor or the buyer initially

      Reply
  118. Comment by Geraint Lewis Hughes posted on

    Hello.

    My mother passed away and she owned a half share in the house she lived in. My sister and I each own a quarter share. My sister and I are equal beneficiaries in her will and I am the executor and have the grant of probate.

    My question is can I sell the whole house to a third party with the current ownership arrangement or do I need to transfer my late mother's share to me and my sister first?

    Reply
  119. Comment by Brenda Gough posted on

    Please can you help me.
    My Mother died 14 years ago and left her house to my sister and myself.
    I bought out my sisters share some years ago -- my sister will sign any documentation for this to happen.
    I now wish to register the house in my name.
    We did probate and have the will and any documents that are needed.
    Please can you tell me what forms I need to download and send to the land registry with the fee
    Many thanks

    Reply
    • Replies to Brenda Gough>

      Comment by AdamH posted on

      Brenda - the blog article explains what is required and links you to the forms needed, namely AP1, AS1 and ID1 for any party not named as an executor in the probate

      Reply
  120. Comment by MikeW posted on

    Hello - I am the executor for my sister-in-law's estate. In her will she left her flat to her sister/my wife. She was the sole owner and the mortgage was paid off a few years ago. The property is registered and it's leasehold with about 70 years left on the lease. I've obtained probate, and now want to effect the transfer to my wife. From what I've read, I need to submit forms AP1, AS1, and TR1, accompanied by ID1 in respect of my wife - can you confirm that, please?

    Reply
    • Replies to MikeW>

      Comment by AdamH posted on

      MikeW - it will be either an AS1 or TR1 so not both. AS1 is for the executor to transfer the ownership to the beneficiary which is the case here. TR1 would be for any other example. ID1 is then needed for any party who is involved and is not the executor named in probate. Form AP1 is always needed as it is the application form

      Reply
      • Replies to AdamH>

        Comment by MikeW posted on

        Many thanks for clarifying and for the prompt reply.

        Reply
  121. Comment by Steven White posted on

    Hi my father has just died and left me his house as his sole beneficiary. My mother died 10 years ago and they were joint owners. I have just found out that he did not change the land register to record her death and transfer her 50% to him. I am executer of his will. How do I correct this in the land registry to reflect his sole ownership and then start the process of transferring the house to my name?

    Reply
    • Replies to Steven White>

      Comment by AdamH posted on

      Steven - use the forms AP1 and AS1 referred to in the blog article to transfer the ownership as the executor to yourself as the beneficiary. You should also include an official copy of your late Mother's death certificate.
      If they held it as tenants in common and the register refers to a form A restriction then please see our PG 6 section 7 for details on how to also apply for the restriction's removal https://www.gov.uk/government/publications/devolution-on-the-death-of-a-registered-proprietor

      Reply
      • Replies to AdamH>

        Comment by Steven White posted on

        Thank you very much Adam for your prompt reply. Can I ask on the AS1 form do i list my mother as well as my father in question 4 . Name of the Deceased Proprietor, as my father did not transfer sole ownership from my mother when she died?

        Reply
        • Replies to Steven White>

          Comment by AdamH posted on

          Steven - just your late Father as you are transferring the title as his personal representative. You will need to submit an official copy of your late Mother's death certificate as well to confirm her passing and that it pre-dated the loss of your Father

          Reply
  122. Comment by Steven White posted on

    Thank you Adam that's helps me a lot.

    Reply
  123. Comment by Donna posted on

    My uncle died in 2004 and left his house to me and paid all taxes etc. The house was placed in trust to an accountant as there was a restriction in the will and registry that his brother may continue to live in the property until death or decides to give it up as his main residence. This brother has now died and I need to transfer the name to mine on the register from the accountant.

    What forms do I need to complete? I think it's AP1, TR1 and ID1 for both me and the accountant. Is this correct?

    Reply
  124. Comment by Steve Hawkey posted on

    Hi. My partner has recently passed away but before that we had the house changed into tenants in common so to allow me to gift an extra 10% along with my partners 50% to her 2 children. I am an executor along with her children in her will and I have now been granted probate. I now need to register the house at land registry in the names of the trustees which is me and the 2 children as per the Will. Also as per the will, the house has been left to me for life.
    Please could you advise what forms I need to complete as I don’t feel the need for expensive solicitors to get involved and they also advised it’s just a form filling exercise. Many thanks

    Reply
  125. Comment by Mary Poldark posted on

    Hi, such useful info in this comments area! My query I couldn’t see so I hope you don’t mind me asking a question. My remaining parent died earlier this year, probate has been granted in just my name although the benificiaries are myself and my brother. My husband and I would like to raise a mortgage to buy my brothers 50%. Property is not registered. Do we need to complete and submit any other forms other than forms AP1 and FR1? I assume the property should be in mine and brothers names first, with my brother removed and husband added later?
    Many thanks -M

    Reply
    • Replies to Mary Poldark>

      Comment by ianflowers posted on

      Hi. As you may have already seen, where the property is unregistered, there will be need to register it for the first time - https://www.gov.uk/registering-land-or-property-with-land-registry/register-for-the-first-time.

      We essentially have an administrative role and so cannot advise on the particular action to take in your situation, as this will depend on the individual circumstances and your legal responsibilities as executor. But as far as the registration goes, as well as the application form (FR1) and the other documents required to register for the first time, we would also require either an AS1 form to assent the property to yourself and your brother as beneficiaries or a TR1 form to transfer the ownership, for example, under a sale.

      As I've referred to, there is often more to consider than just the registration aspect so if you are in any doubt as to how to proceed, we would suggest considering getting independent legal advice, for example from Citizen's Advice or a conveyancer such as a solicitor.

      Reply
  126. Comment by Carol S posted on

    My mother passed away last year. She left a will and I am executor and some beneficiarie. I have applied for probate I don't want to sell her property. how to I change the deeds to my name. Thank you

    Reply
  127. Comment by JaneB posted on

    Hi, some advice please. My mother owned her house outright. She died intestate, so myself, my sister and my late brother's two children (who are under 18) inherit. We have Letters of Administration. My sister and I are considering renting the house out to tenants, what do we do about the name on the deeds? Do we transfer the house to my sister and I as Administrators, or should we include the names of my niece and nephew (although they are under 18)? Which forms would we use? Thanks

    Reply
  128. Comment by Richard Jones posted on

    I have inherited my father's house which I intend to sell. I have been granted probate. Do I need to transfer the property into my name before selling ?

    Reply
    • Replies to Richard Jones>

      Comment by AdamH posted on

      Richard - if it is already registered then the buyer will usually accept an official copy of the probate as evidence of your authority to sell. If they do then there is no need to update the register before selling

      Reply
  129. Comment by Mel Chambers posted on

    My mother has died and was the sole owner of a property. I have applied for probate and now have that. I want to transfer the house to my brother. Which forms do i need to complete

    Reply
  130. Comment by Karen Cornwell posted on

    Hello. I wonder if you can help me to work out which forms I need to use for my situation. My mother passed away in 2014 and myself and my brother inherited her house jointly. We are registered as tenants in common on the Land Registry and my brother still lived there. My brother sadly passed away in December and I am the sole executor and beneficiary of his estate (he did not leave a will).

    What forms do I need to complete for the land registry as currently both our names are on the deed and I am looking to sell the house. I have just received the grant of probate.

    Many thanks.

    Reply
  131. Comment by Lily posted on

    Hi Adam,
    My husband had passed away this year. he owns 2 buy to let properties - court order reward him from divorced with ex wife. But ex wife s name is still in mortgage and land registry. Probate and Will shows that i am beneficiary of the 2 properties. i want to sell one property and pay off an other property. what kind of form i need to transfer property into my sole name? can i do the form at the same time than mortgage or have to wait when mortgage issue resolved?

    Reply
    • Replies to Lily>

      Comment by AdamH posted on

      Lily - if the properties are registered in their joint names then any change re the legal ownership would have to be completed by the surviving joint registered owner. If the properties were awarded to him then it seems they did not complete the next legal requirement which would have been to both transfer them to him solely.

      Reply
  132. Comment by Nicky Baker posted on

    Afternoon .... I’ve fallen in love with a run down empty house round the corner from me. I’m informed by the neighbours that the occupant died last year and it’s in probate. The neighbour says he doesn’t know the family. How do I find out more about the family or solicitors dealing with the estate?

    Reply
  133. Comment by MarkC posted on

    Hi there,

    I would appreciate any help someone could give.
    Sadly my mum passed away last year. I am an only child and the sole beneficiary and executor.
    I have the grant of probate.

    Do I need to complete the AS1 form to get it transferred into my name?

    Appreciate any advice you can give.

    Reply
    • Replies to MarkC>

      Comment by ianflowers posted on

      Hi. I am sorry to hear of your loss.

      If your late mum was sole registered owner, then yes, you will need to complete an AS1 as well as the application form AP1. Please see our guidance on GOV.UK under the heading 'When a sole owner dies'. The information also links to the forms. On the form(s) page, scroll down to access the instruction notes and also a YouTube video to assist you in completing them.

      Reply
  134. Comment by MarkC posted on

    Thank you Ian, Much appreciated!

    Reply
  135. Comment by Jake M posted on

    Hi my mother died 4 years ago my father 3 months ago. My late father has left sister house in his will but the house is registered in mother' sole name so who does the house belong to it has never been transferred over to him.

    Reply
    • Replies to Jake M>

      Comment by AdamH posted on

      Jake - we register the legal ownership so if it is still in your late Mother's name you will need probate for her to now deal with the property. If it is to be transferred to your Aunt then the named executor can assent the property using forms AP1, AS1 and ID1 as mentioned.
      If you are unsure as to how their deaths and wills have impacted on who has or can inherit the property I would suggest you get legal advice

      Reply
  136. Comment by J Evans posted on

    I have a situation regarding an unregistered property held as Tenants in Common in equal shares by a married couple. One of the proprietors passed away and the surviving owner is the appointed Personal Representative of the estate. The deceased proprietor left his share to his daughter in his Will. In order to register the property in the names of the wife and the daughter as Tenants in Common, should I lodge an TR1 or an AS1? Many thanks.

    Reply
    • Replies to J Evans>

      Comment by AdamH posted on

      J Evans - if the property is unregistered there is no prescribed form so technically you could use either providing it does what is required. However I would suggest using form TR1 as it will be the surviving owner who would transfer the whole of the legal ownership if that is what is wanted here. The Transfer will trigger compulsory first registration

      Reply
  137. Comment by shan posted on

    Where a commercial property is owned by joint tenants and one dies, the surviving tenant takes ownership of the deceased tenant's share. Does the value of the deceased tenant's share get included in his assets when the executors apply for probate?

    Reply
    • Replies to shan>

      Comment by AdamH posted on

      Shan - not something we can advise you on I'm afraid and you would need to get advice from someone familiar with probate/inheritance or try the Probate Service direct

      Reply
  138. Comment by Pete posted on

    Hi

    I have a neighbour whose husband recently passed away. There was no will and all property and goods (under £250k) should go to his wife as next of Kin. The property they have lived in since the 1960's is unregistered and they have the deeds which confirm her husband, the deceased, to be the sole owner of the property. His wife has asked for my assistance to get the property registered into her sole name. Can this be done by an application to the Land Registry?

    She doesn't have much money so cannot afford a Solicitors help and she's afraid at the thought of her name not being on the ownership register.

    Thanks

    Reply
    • Replies to Pete>

      Comment by AdamH posted on

      Pete - first registration can only be achieved through application to HM Land Registry. Whilst you do not have to use a solicitor we always recommend that you do as they can assist with and advise on wider legal matters whilst also having an understanding of the forms/processes involved with registration with us.
      Our PG 1 explains how an application for first registration might be made and what is required https://www.gov.uk/government/publications/first-registrations
      The Transfer (Assent form AS1) by the executor as named in the probate for the late husband to your neighbour/his widow will trigger the need to register for the first time. The guidance linked to from the blog article can be followed but refer to the PG1 and forms FR1/DL instead of form AP1, which is used when dealing with an already registered property.

      Reply
  139. Comment by Bethany mcgreevy posted on

    Hi I’m looking for some advice. My mother passed away last year and I was the only benificary for her assets, So the property she owned is now Mine, I have remortgaged the property and we are near completion but I’ve been informed that the house was never put into my name. How long does it take to change the house from my late mother’s name to my name through land registry. I can’t complete until this is done and I’m at risk of loosing the house I want to buy without receiving the funds from the remortgage but they can’t release the funds until my name is on the land registry. Thank you

    Reply
    • Replies to Bethany mcgreevy>

      Comment by AdamH posted on

      Bethany - if it has been submitted by a conveyancer and is all in order then the average timescale is around 8/9 working days

      Reply
      • Replies to AdamH>

        Comment by Bethany posted on

        Thank you, do you know if my solicitors will still continue if I send them a copy of the assent form from my other solicitor that I have signed

        Reply
        • Replies to Bethany>

          Comment by AdamH posted on

          Bethany - very much a Q for them to answer as we deal with the end application only

          Reply
  140. Comment by Sarah Cooke posted on

    Hello, my husbands mother died 25 years ago and left a property, with a condition that her mother could live there as long as she wished. At 98, her mother has just moved into a home so the house is vacant. Land Registry lists the house as still belonging to my husbands deceased parents. How do we get the house transferred over to his name? Is it Assent or Transfer? He is named as beneficiary in her will.

    Reply
    • Replies to Sarah Cooke>

      Comment by AdamH posted on

      Sarah - I assume his parents passed away separately and if so you will need the death certificate for one and the probate for the last to pass away. Probate can then enable the executor to transfer the property to the beneficiary, your husband, by way of an assent

      Reply
  141. Comment by Carl posted on

    I have a property registered in the sole name of the deceased. The property is in negative equity. I understand that the personal representative can transfer the property to the beneficiary using Form AS1 but I am unsure what happens to the charges and charging orders. Does the beneficiary take the property subject to those charges (and becomes responsible for them) and/or do we need consent from each of the secured creditors before we can complete the assent?

    Reply
    • Replies to Carl>

      Comment by AdamH posted on

      Carl - the interests will remain on the register so the title remains subject to them. As to what involvement, if any, is required from the creditors it often depends on the wording of the entries themselves. Such interested may be merely noted or they may be protected by way of a restriction. In the latter case the wording of the entry would confirm whether it has to be complied with for example
      I would strongly recommend seeking legal advice as to how the charges impact on the beneficiary/the title

      Reply
  142. Comment by Mike posted on

    Afternoon,

    I have whole different scenario. I took care of an old lady, just after I finished school - which were in 2008. We were not relatives, but I provided her and took care of her. She died a few years ago, and I'm still staying in the house which is now almost 10 years.. however I'm confused what route and steps I can take to obtain ownership if possible. No title deed can be issued, because she's not there anymore and she had no will.
    To whom does the house belong to and can I obtain ownership?
    Please assist me.
    Thank you.

    Reply
    • Replies to Mike>

      Comment by AdamH posted on

      Mike - you will need to seek legal advice from a solicitor familiar with death/inheritance. The legal ownership, if in her sole name, forms part of here estate so to transfer that ownership you will need letters of administration (no recorded will) or probate (recorded will). So it's wider advice you need re what your rights may be as well as whether you are able to deal with her estate

      Reply
  143. Comment by Nompumelelo posted on

    Hello I don't have a comment but I would like to ask a question with stay a land that the bouth for a couple of people but someone has used a title deed for fraud what can we do

    Reply
  144. Comment by David posted on

    Hi, I hope I can get some sort of clarification on what I need to do.
    My mother passed away recently and I applied for and got deed of representation so I could sell the family home, I am the only child. My father died 2010 without a will and I assumed ownership of the house, estate etc went to my mother. The house is sold but my conveyance says there is a problem as only my fathers name is on the deed and the house is not registered (first and only owners since 1957)Can I just register or do I have to go through probate again, or can the buyers purchase the property and then register ???
    Thanks for the help in advance

    Reply
    • Replies to David>

      Comment by AdamH posted on

      David - you will need probate for your late Father unless when you refer to 'deed of representation' you mean your late Mother had probate for your late Father and you now have probate for her. That is known as a chain of representation.
      Whilst a buyer can complete and then register their purchase in such cases in my experience they usually ask the seller to register first. Something to discuss with them/your solicitor

      Reply
  145. Comment by Esther S. posted on

    I am purchasing a property registered to a couple who were 'tenants in common'. One of them died last year and the surviving spouse is now in a care home with dementia. The house is being sold by one of their children under power of attorney.
    There is no probate granted for the deceased person and I don't know if there is a will.
    What does the Land Registry require to happen in these circumstances?

    Reply
  146. Comment by Ian Chester posted on

    Hi Adam, I am the sole executor of my mother's estate and within the will has left me her house which I intend to sell once I receive probate. In order to sell can I confirm whether I need to transfer the property into my name first in order to sell or whether I can transfer the title straight to the buyer ? In which case I believe I just have to fill in forms AP1, TR1 and ID1 and send to the Registry. Thanks

    Reply
    • Replies to Ian Chester>

      Comment by AdamH posted on

      Ian - many probate sales take place without first transferring the ownership so very much one for you and a buyer to decide/agree upon

      Reply
  147. Comment by Andy posted on

    Hi My Mother and Father had joint ownership of there house which myself and my wife wish to move into I am the sole beneficiary and executor I have there wills and I have probate what do I need to do to transfer ownership over to myself and wife and can I do it without using a solicitor

    Reply
  148. Comment by AlanP posted on

    My dad passed away at the weekend and left no will. He and my mum lived in a shared ownership flat, owning a 30 percent share of the leasehold. I have found the entry on the register that shows both their names as owners, but there is a clause in the section below that means they are Tenants in Common, not Joint Tenants. Having spoken to my mum she can't recall being asked which of the options they wanted and HM Land Registry have told me that it has defaulted to Tenants in Common. The estate will fall below the inheritance tax threshold (there is none if it all goes to the spouse), but there is a chance it may breach the 250k intestate threshold.

    How can we prove that the Tenants in common entry was made without their knowledge if that is the case, and how do we now remove the clause?

    Reply
    • Replies to AlanP>

      Comment by ianflowers posted on

      Alan - I am sorry to hear of your loss. When you refer to a clause, I'm assuming this relates to a form A 'trustee' restriction which restricts the power of the surviving owner to deal with the land. The normal procedure to remove a restriction which has been entered by default and those acting for the owners did not confirm at the time that it was not required, would be that an application using form RX3 is required. The form RX3 will need to be supported by evidence in the form of a statutory declaration or statement of truth as to the title by the surviving owner or a conveyancer acting on their behalf (in certain circumstances).

      But given that the action required is very much dependent on the circumstances of the particular case, it would best if you use our contact form https://bit.ly/2F6AtxU to make an enquiry quoting the property / title details and we will then look into this and respond as soon as possible.

      If you are unsure how this impacts on the intestate threshold, then you may want to consider getting independent legal advice, for example, from Citizen Advice or a conveyancer such as a solicitor.

      Reply
  149. Comment by Steve Jones posted on

    There is a very small piece of land near me that I'd like to own; I would think it's of little financial value. Title deeds exist, last updated in 1933 recording three owners (no full addresses given) - as these people are very likely now all deceased, is my only option to try and track down their heirs to see if they are willing to sell? They may not even be aware of it, as the land registry has not been updated. Could ownership have been transferred in the meantime without the land registry being aware, or is what's on the registry factually accurate?

    Reply
    • Replies to Steve Jones>

      Comment by AdamH posted on

      Steve - the registered title will confirm the legal ownership. If it's been transferred in the meantime and not registered then the legal ownership remains with those shown.
      If they are deceased and no next of kine the legal ownership can pass to the crown - research the term 'bona vacantia' for more details
      So I would recommend seeing if they are now deceased and whether wills were recorded/probate granted

      Reply
  150. Comment by SoozeyQ22 posted on

    Hi,
    My mother passed suddenly last year and we have been left with a house that is in both my father and mothers names. There is no mortgage on the property. My father walked out on my mother around 8 years ago and we have never heard from him again. We don't even know where he's living or if indeed he is still alive! I am one of four siblings. We don't know where to start on trying to get this house sold. We don't really want to try and find our father either! My mother did not leave a will
    Can anyone help?
    Thanks,

    Reply
    • Replies to SoozeyQ22>

      Comment by AdamH posted on

      SoozeyQ - I am sorry to read of your recent loss and the paternal issue also. The legal ownership has passed to the surviving registered owner so you will, I'm afraid, need to deal with that issue before you can proceed with any sale. Whilst a court can be involved in ordering a sale or replacing an absent owner invariably that will only happen if you are able to prove that he cannot be found and is presumed dead. As you can imagine there is a heavy burden of proof attached to such matters so I would suggest making some initial enquiries as to whether a death has been recorded and/or his whereabouts. That is not to suggest you have to get in touch but at this stage it seems important to at least ascertain what the circumstances maybe before seeking legal advice as to next steps.
      Please note that this is a blog rather than a public forum so you are very unlikely to get any comments other than our own, here at HMLR. If you are looking for wider comments then online forums such as Money Saving Expert or Mumsnet to name two, can be useful resources but it is very much legal advice you will need re your specific situation

      Reply
  151. Comment by Christine Davies posted on

    My dad died 5 years ago in a dementia home. Prior to him going in my mother made a will making them tenants in common to protect my inheritance from care home fees. When he died she did nothing about probate and destroyed his will. She has now died and we are able to sell her home by producing dad's death certificate but without his will how do I distribute the estate? I believe he wanted all to go to my mum and then to me as the only child.

    Reply
    • Replies to Christine Davies>

      Comment by ianflowers posted on

      Christine - I am sorry to hear of your loss. We essentially have an administrative role in registering ownership, rights and interests based on the applications made to us. We cannot therefore advise on the administration/distribution of the estate although it appears your late mother was a sole surviving registered owner, in which case the estate will have to go through probate and personal representatives appointed before the property can be sold or otherwise dealt with.

      The effect of any trustee restriction on the register will also need to be considered. For example, if personal representatives are registered as owners, any trustee 'form A' restriction will remain on the register unless otherwise dealt with. This is because, in that case, the personal representatives are in effect succeeding the deceased as trustees of the trust.

      This can be a very complex area of the law and there is usually more to be considered than just the registration aspect, so if you are unsure how to proceed, you may want to consider getting independent legal advice, for example, from a conveyancer such as solicitor.

      Reply
  152. Comment by Joanne Coombs-Gilling posted on

    Hello
    My husband recently died and his share of our house (50%) passes into a trust for his two children but with me as a life tenant which as I understand it gives me control of the property (rent, sell, stay) as I please. I am a trustee along with my brother in law. The property is valued at around £1m. Please can you help me understand how inheritance tax will be calculated when I sell the house which I plan to do in around 3 years? I also have two children but we did not have children together. Thank you.

    Reply
    • Replies to Joanne Coombs-Gilling>

      Comment by AdamH posted on

      Joanne - I am afraid we do not deal with or advice on IHT. That would be HMRC. They should be able to assist with any enquiries or you could try online forums such as Money Saving Expert where such matters are often aired/discussed

      Reply
  153. Comment by Michelle F posted on

    Hi,
    My father in law recently passed away, he lived with his wife, my mother in law as tenants in common, in a house with no mortage. They had mirror wills and he stated that the house be left to her, and upon her passing be left to the children, as Tenants in common, does my mother in law just need to complete a DJP and send it with a copy of the death certificate?
    Thanks

    Reply
    • Replies to Michelle F>

      Comment by AdamH posted on

      Michelle - I am sorry to read of your recent loss. A form DJP and copy death certificate can indeed be used to update the register. There is no 'need' to do so but we always recommend that you do.

      Reply
      • Replies to AdamH>

        Comment by Michelle F posted on

        Thanks Adam, Just that mum got a letter from solicitor stating that she needs to pay £250.00 because they where tenants in common not joint tenants to do this? thought it sounded strange.
        Thanks

        Reply
        • Replies to Michelle F>

          Comment by AdamH posted on

          Michelle - you would need to check with the solicitor as to exactly what they were intending to do. Professional services will cost £X and it could be to submit the form DJP and certificate.
          I said no 'need' as the update can be done at any time but many look to put the affairs in order as so many things to do and it's quite simple to apply for.

          Reply
  154. Comment by Emma Winterbottom posted on

    Hi. My brother and I are joint executors of my late mother's will (sole owner), making us "personal representatives". We have obtained probate. I understand that we will not need to provide evidence of identity as personal representatives as we are named on the probate and our authority to act is supported by the probate. We are also the joint beneficiaries and we want to transfer (assent) the property to ourselves using AP1 and AS1. We don't intend to use a conveyancer. Do we need to provide evidence of identity as beneficiaries or is this also covered by the the fact that we are named on the probate? The guidance hints at this as an exception but I'm not 100% clear. Many thanks

    Reply
    • Replies to Emma Winterbottom>

      Comment by AdamH posted on

      Emma - the personal reps as named in the probate do not need to have their identities verified in such a situation. We always reserve the right to ask for it if we feel it is appropriate but that is rare.

      Reply
  155. Comment by Michelle Chard posted on

    Hello, I would really appreciate your help. My father owned three properties with my mother as tenants in common. He has passed away and left his 50% share of each property to be split equally between his three adult children. But he has left these in trust with a life interest for my mother on each property. I assume I need to register each property using a TR1 and an AP1 in both my mother's and the children's names as beneficiaries. How do I show there is a trust with a life interest?

    Reply
  156. Comment by Nisha posted on

    Hello,

    I have inherited a property over 2 years ago now. A relative who was living in the property has declined to start paying rent/to leave dispite giving him enough time to work out whether and what is suitable. He is subsequently destroying the property inside by not looking after it. And is very confrontational. I would like him to leave. I'm unsure of the legal route.

    Reply
    • Replies to Nisha>

      Comment by AdamH posted on

      Nisha - very much one to get legal advice on. We cannot advise you on such matters I'm afraid

      Reply
  157. Comment by lorraine bates posted on

    Lorraine - my father in law who was widowed passed away in February 2018 with no will. He has three children. He owned the property along with his daughter and son in law (as tenants in common) and lived with them. Since his death nothing has been mentioned about his estate and as far as we are aware probate hasn't been applied for. Am I right in thinking that his share of the property should be divided between his three children?

    Reply
    • Replies to lorraine bates>

      Comment by AdamH posted on

      Lorraine - we deal with and register the legal ownership which in this case has passed to the surviving joint owners. To that extent probate (recorded will) or letters of administration (no recorded will) won't be needed to deal with the property. Whether they are needed to deal with his estate as a whole and how his beneficial share in the property should be dealt with is something to get legal advice upon

      Reply
  158. Comment by Andy posted on

    My grandmother bought property from council under right to buy scheme me. Consideration has been paid and completion has been done. Sadly my grandmother passed away before lease registration with land registry.
    I would like to know on whose name HM land registry will register the lease deed, my grandmother ?or her executor as per will

    Reply
    • Replies to Andy>

      Comment by AdamH posted on

      Andy - we would not register the ownership based on the will and I would expect the executor to obtain probate and then deal with the estate/property as appropriate. If the property is to be retained and transferred to a beneficiary for example then the executor can do that and register the purchase and transfer to a beneficiary at the same time

      Reply
      • Replies to AdamH>

        Comment by Andy posted on

        Thank you for reply. Probate is obtained, HM land registry has registered lease in name of three executors.
        1. What is the process to transfer interest to beneficiary?
        2.Being council property bought under right to buy, does it need permission from council to transfer interest to beneficiary? or just probate is fine?

        3. Is there any time frame in which executor has to transfer interest to beneficiary?

        Many Thanks

        Reply
        • Replies to Andy>

          Comment by ianflowers posted on

          Andy - I am replying as Adam is unavailable. The process would be for the executors to transfer the title to the beneficiary, normally using form TR1. The permission / consent of the council would only be required if there was a entry in the register, such as a restriction, which limits the executors power to deal with the land in some way without reference to the council. If the executors are already registered owners, then the probate will not be required. A timeframe, if there is one, would fall under probate rules rather than those relating to land registration. But once any Transfer is drawn up/executed, it is required to be completed by registration.

          Reply
  159. Comment by Susan posted on

    Hello. Mygrandfather passed away @ 40 years ago. The family home is soley in his name. No mortgage @$300 taxes yearly. There are 7 surviving adult children. 1 currently lives in and maintains the property. They are all now interested in getting the title into all of their names. They are all amicable and no one is interested in staking more claim than anyone else or putting anyone out. My question is...basically if its not broke dont fix it.we would like to keep the property in the family for generations to come. What happens when everyones name is on the property. This would include their spouses & children after them. I believe it will cause conflict, and perhaps property taxes will greatly increase, legal fees etc. Would it be wise to transfer it or leave well enough alone??
    .

    Reply
    • Replies to Susan>

      Comment by AdamH posted on

      Susan - we can't advise you on such matters but they are certainly things you should consider before doing anything re the legal ownership, which we register, or the beneficial ownerships of each beneficiary. I would recommend that you seek legal advice from a solicitor familiar with conveyancing and trusts

      Reply
  160. Comment by Bob R posted on

    My mother & father were 50/50 tenants in common. My father passed in 2012 & his will passed everything to my mother. The land register was not informed of his death. My mother passed in Jan 2018 & I am the sole beneficiary & executor. I have acquired the probate. I live in the property & intend to do so for the foreseeable future. There is a small mortgage on the property of which I have transferred into my name. I am now looking at transferring the house into my name. I believe I will need to assent the property using the relevant forms. The house is registered with you. Will I just need to send off the forms & any relevant documents & the fee & then this will be all? Any info would be great. Thanks

    Reply
    • Replies to Bob R>

      Comment by ianflowers posted on

      Bob - I am sorry to hear of your loss. Yes, assent in form AS1 together with AP1 application form. A link to the form is at https://www.gov.uk/government/publications/whole-of-registered-title-assent-as1 . Please also scroll down on that page for guidance notes and a video tutorial. Points to consider include whether the lender's consent will be needed where there is a restriction in the proprietorship register in their favour. Also that any trustee restriction relating to your late parents holding the property as tenants in common will remain on the register unless there is an application supported by the appropriate evidence to remove it - https://www.gov.uk/government/publications/cancel-a-restriction-registration-rx3 .

      Trust arrangements can be a complex area and so if you are in any doubt as to how to proceed, then you may want to consider seeking legal advice, for example, from Citizen's Advice or from a conveyancer such as solicitor.

      Reply
  161. Comment by Rhiannon posted on

    I bought my house on my own before getting married. It is registered solely in my name. My husband has not been registered as joint owner. I have made a will stating that the property will be inherited by my daughter with my husband having the right to live there until he dies.
    Have I done this correctly, or will my husband be treated as a joint tenant and automatically inherit the house on my death?
    Would it be best to register as tenants in common?

    Reply
    • Replies to Rhiannon>

      Comment by ianflowers posted on

      Rhiannon - we essentially have an administrative role and can only confirm the current registration position - which is presumably that you are currently registered as sole owner and should you die, the estate will be dealt with under probate procedures as there will be no surviving registered owner. As to the position under your will and as to how you hold the land, that's not something we can advise on. You may want to consider seeking independent legal advice on this, for example, from Citizens Advice or from a conveyancer such as a solicitor.

      Reply
  162. Comment by Walker posted on

    My partner recently died suddenly. We lived in and owned a property together and have a deed of trust declaring us as tenants in common (50/50). We did not have time to sort out our respective wills to include other financial security for each other and I think we both mistakenly believed that in the event of death, the surviving partner would automatically become sole owner of the property...clearly we did not understand the distinction between tenants in common and joint tenancy nor did we expect such sudden and unexpected death...
    My partner’s family are the beneficiaries of her will and I am not sure what rights I now have in relation to what was our house and what is still my home. The title deeds to the property are solely in my name. Can anyone please help by advising me of my options?

    Reply
    • Replies to Walker>

      Comment by AdamH posted on

      Walker - it's legal advice you need as to the impact of the Deed of Trust. Fromm purely a registration perspective you are the sole legal owner. The Deed of Trust affects your beneficial shares though so whilst you can say sell or mortgage the property you have to bear in mind that 50% of it's value is your partner's beneficiaries. How you now deal with that is a matter between you and them so you need advice on what happens next re their interest in his share and your rights to remain in the property and what happens next depending on future life events for example

      Reply
  163. Comment by NeilC posted on

    My sister-in-law recently passed away leaving her partner as sole owner of their property. He considers that the house was never his and would, despite our efforts, like to gift the house to my wife - or at least have her name replace her sisters' on the deeds. Is this a possiblity?

    Reply
  164. Comment by Victoria posted on

    My mother has passed away and was the joint owner of the property with my father who is still alive however she left no will as she died quite young. is there a time period before we are able to sell the property or can my father just make it solely his property and sell it on.
    Thanks!

    Reply
  165. Comment by Louise T posted on

    Louise T
    Hi, I have a quite complex situation. My mother passed away some time ago and her will stated that her husband would be taken care of but in the event of his death, recently, the property and assets would be split as 50% to her 4 children to be divided 4 ways equally and 50% to be divided 8 ways between her 4 children and the 4 children of her now deceased husband.
    His will states that the assets be divided equally between 8, how does the estate now get divided? He was mentally incapacitated at the time of her death which was why the provision to look after him financially was newly written in to her will.
    Should the combined estate (which includes a house abroad) be divided 50% then according to each of their wills?
    Also I am currently residing in one of the properties indicated as part of the estate and have been for approx. 4 years, this property is solely in a siblings name (parents gave a large sum of money to my sibling to purchase the property with no contract or agreement regarding ownership) and there is no intention to sell it or request for me to vacate. Can the other beneficiaries force me to leave given that there is no record of the property belonging to my mother or step father?

    Reply
    • Replies to Louise T>

      Comment by AdamH posted on

      Louise - a very complex situation but I'm afraid we can't assist with any of the issues posed. We do not deal with or advise on matters regarding heir wills, inheritance or how the beneficial interests are split in the way described.
      If the property was in their joint names then when your Mother died the legal ownership passed to her husband as the surviving joint owner. To now deal with the property someone will need probate for him and this will also enable them to deal with the wider estate.
      How that is then dealt with is something you would need to seek legal advice from someone familiar with the law regarding wills, inheritance etc
      Such advice should extend to what rights you have also

      Reply
  166. Comment by vicky posted on

    HI
    How long does it take to remove restriction from land registry

    Reply
  167. Comment by Desi posted on

    HI
    How long does it take for restrictions to be removed from Land Registry Register??

    Reply
  168. Comment by Brenda Gough posted on

    My mother died in 2004 leaving her house to my sister and myself - I have bought out my sisters share and would now like to register the house in my name
    The house is still registered in my mothers name
    Please can you tell me if this can be done with a form TR1 and AP1

    Reply
  169. Comment by Glenn Ombler posted on

    As executor of her Will I have recently obtained Probate following the death of my mother. Her house was jointly owned with my father. My father died 5 years ago but the register was not amended to remove his name to leave my mother named the as sole owner.
    Before selling the property do I need to do anything about this regarding the land registry? I cannot see a mechanism for amending the title to a sole name if that person has now also died.

    Reply
    • Replies to Glenn Ombler>

      Comment by AdamH posted on

      Glenn - if you are selling the buyer may well be able rely on a copy of the death certificate for your Father and probate for your Mother, the latter giving you the legal authority to deal with her estate which I assume the property now forms part of. If you wish to register yourself as the legal owner then you can transfer the property by way of an assent to yourself and submit official copies of the death certificate and probate as the article explains.

      Reply
  170. Comment by richard posted on

    Hi Adam, my Mother died, leaving some underleases for some land for which I collected ground rents on her behalf. My Father survives her. I am applying for probate. Do i need to update any details with HM land registry?

    Reply
  171. Comment by Eve Vickers posted on

    Hi Adam,
    Would really appreciate some advice from you regarding inherited property.
    1). As executor and beneficiary of my mother 's property, I need to transfer ownership of property, however, I want to 'gift' 50% of the property to my daughter as a graduation present.
    2). I have received probate and would like to know which forms I need to complete in order to achieve that which is outlined in step 1).
    3) . Obviously, I would prefer to achieve step 1. in one go, filling in one set of forms and paying one set of fees rather than transferring property to me and then transferring property to both of us. This would save me a lot of time and paperwork, not to mention money. What would you advise and which forms do I need to download.

    Reply
    • Replies to Eve Vickers>

      Comment by AdamH posted on

      Eve - if you are going to transfer the property to someone other than a beneficiary you will need forms AP1, TR1 and ID for your daughter. Have a read of the article or use our short guide to link to the forms and guidance needed https://help.landregistry.gov.uk/app/contactus_bereavement?utm_medium=GOV.UK&utm_source=govuk&utm_campaign=death_contact_page_to_guide&utm_content=web_page
      Whilst you don't have to use a conveyancer we would always recommend that you do as they are familiar with the forms/process, can verify your daughter's identity and can also advise on wider matters such as wills/inheritance

      Reply
      • Replies to AdamH>

        Comment by Eve V posted on

        Thank you for your prompt reply Adam.

        It was my mother's request that I handle her Will myself, rather than hand it over to solicitors etc, in order to keep me busy and out of mischief after her death. Yep, it has kept me busy and it has also been a very interesting journey. This is the last stage of the process and as I've got to here all on my own, I'm going to soldier on, hence my questions. Perhaps then, the best way for me to proceed would be to transfer property in 2 stages : from mum to me, as I am sole beneficiary and then reapply for part transfer to my daughter. Would this be a simpler way?

        Reply
        • Replies to Eve V>

          Comment by AdamH posted on

          Eve - it seems to me that doing two transfers makes it more complicated when one will do. What is the complexity you envisage when transferring the property in your capacity as the executor to yourself and your daughter using forms AP1, TR1 and ID1 which doing two transfers will simplify?

          Reply
          • Replies to AdamH>

            Comment by Eve posted on

            Adam,

            Oops, obviously I'm having a 'Monday Moment'! Of course, why make myself extra work when doing it once will achieve my goal?!! I'll go for 'joint tenant' rather than 'tenant in common' since the split will be 50/50.

            Many, many thanks for your help.
            Regards
            Eve

  172. Comment by James Campbell posted on

    Hi there

    My mother died quite a few years ago, being sole owner of an un-registered property & left it in equal share to both myself & my brother.
    My brother does not want to register the property, despite my repeated advise on its benefits.
    Do I have any options to register the property myself or logging my interest in the house to protect myself?

    Your advise would be greatly appreciated.

    Reply
    • Replies to James Campbell>

      Comment by ianflowers posted on

      Hi James. This is really associated with the administration of your late mother's estate, particularly regarding whether it has gone through probate and who was appointed executor - e.g. both you and your brother to act jointly or appointing one of you to act on their own.

      The executor would then be entitled to register the property for the first but would need to provide the unregistered deeds and other evidence which forms part of that application. If there is delay or obstruction in the probate process then you may need to consider seeking legal advice, for example, from Citizen's Advice or from a conveyancer such as a solicitor.

      In any event, the requirements when a property is registered for the first time are quite involved and most applications are lodged by solicitors on behalf of the owner(s) or successors.

      Reply
  173. Comment by Kirsty Pillings posted on

    Hi there. My father died without leaving a will. He had informed me just a month or 2 before his death that him and his wife and gone to amend the property deeds so that i was named as having his share on the event of his death, and his wife's son would be named in the event of her death.
    Can I ask the solicitor who holds the deeds for a copy/ confirmation of this myself?
    Also - is it possible for my dad's wife to change it to exclude my name after his death?

    Reply
    • Replies to Kirsty Pillings>

      Comment by AdamH posted on

      Kirsty - we register the legal ownership and it reads as if the matters raised related to their beneficial ownerships, namely what happens to their % shares following death. The registered title would not record the % shares or who they were to pass to. Such matters are often contained within a trust deed or declaration of trust and as you state it may be worth asking the solicitor to divulge their contents.
      As there was no recorded will they may respond to refer you to his widow unless you have letters of administration to deal with his estate.
      If the property was registered in their joint names then the legal ownership passes to the surviving joint owner. The trust as mentioned can then impact on how they deal with the property so again very much something to get legal advice on

      Reply
  174. Comment by Alison Beech posted on

    Hi, my father died and left his estate to my brother and I (40% each), with 10% each to two of our step brothers. The bulk of the estate is a property, which I was in the process of buying when he passed away (he had moved into a care home and I was paying the fees). My brother and I are executors and about to apply for probate, there will be no IHT as it is below threshold. In terms of the house, can it be transferred into my name for me to pay my brothers their share? Would it firstly have to be transferred into the executors' names and then transferred on? All is amicable and there is no issue with everyone agreeing, but I want to ensure we do this properly (but without incurring high solicitors fees).

    Reply
    • Replies to Alison Beech>

      Comment by AdamH posted on

      Alsion - I'm afraid we can't advise you on how you should deal with the estate or how it can be transferred. We register the outcome only so would not be a party to or enquire as to whether it was amicable/agreed for example. The important factor for us is that whoever is dealing with the estate has the legal authority to do so, namely probate, and then the forms and legal deed submitted are appropriate and completed correctly. I would recommend seeking legal advice but if you want wider online comment then public forums such as Money Saving Expert and others can be useful resources or indeed your local CAB

      Reply
  175. Comment by Tomas posted on

    My Nan died around 10-11 years ago now, and the house is still in her name even though my father lives there. He sadly had a stroke 2 years ago and finds it difficult to walk and do anything for himself. My auntie is saying the property is now hers, even though it’s still registered in my nans name who is deceased. But my father actually paid my auntie her share of the property before he was ill. What do I do about this and is it legal to still have it in my deceased nans name??

    Reply
  176. Comment by BG posted on

    Dear AdamH
    My father (sole owner) passed away leaving a will in which I am the sole beneficiary of his registered estate. My brother is the executor and has probate. He wishes to carry out our father's will. Who should complete form AP1 - me the beneficiary or my brother the executor? Further, in panel 6 who is the applicant - the beneficiary or the executor? Same again for panel 7 - whose name should be given here? And lastly as I currently live in my late father's house, I wish to have this address placed onto the register as my address for service. The executor lives elsewhere. So with regards to panel 9 of form AP1, I'm not clear which of the first two boxes will achieve this desired outcome. Thanks for your help.

    Reply
  177. Comment by John J posted on

    Dear Adam H

    My brother died earlier this year. He owned the family home as Joint Tenant with his wife. The mortgage has been discharged and the charge removed (presumably by the mortgage company). However, my brother's name still appears on the Register.

    I am a co-executor of his will, but do not yet have Grant of Probate. Am I right that I can still submit Form DJP now (together with an original Death Certificate) ?

    Can you confirm exactly which sections of the form I complete? There is nothing on the form to identify me as an Executor. I am not a Conveyancer.

    Reply
    • Replies to John J>

      Comment by AdamH posted on

      John J - that is correct but I'd suggest sending an official copy of the death certificate instead of the original just in case their is a postal loss. You do not have to be an executor or conveyancer to apply and you should complete panels 1-9 inc. The ones which require specific details and which should be used based on the details provided here are 4A and 7A.

      Reply
      • Replies to AdamH>

        Comment by John J posted on

        Thanks, Adam. By 'official copy' do you mean 'certified copy'?
        I obtained several copies of the DC from the Registrar at the time we registered the death; there isn't just one original.

        Reply
        • Replies to John J>

          Comment by AdamH posted on

          John 1 - you should use one of the official copies obtained from the registrar. It is for just such purposes that they are provided.

          Reply
          • Replies to AdamH>

            Comment by John James posted on

            AdamH - thank you.

  178. Comment by Joanne posted on

    My father in law owed a property with my brother in law and both were named on the land registry. The Will states that my brother in law and husband are joint beneficiaries of my father in laws estate. The property is now in the process of being sold. Im assuming ownership of the propery transferred to my brother in law but is my husband entitled to 50% share of the half my father in law owed?

    Reply
    • Replies to Joanne>

      Comment by AdamH posted on

      Joanne - the legal ownership, which we register, passes to the surviving joint owner. It reads as if your interest is in your late Father in law's beneficial ownership but we don't deal with that so I would recommend seeking wider/legal advice as appropriate to understand what you are entitled to and how that is realised.

      Reply
  179. Comment by Samantha posted on

    My son died a few months ago and he owned a house with a mortgage. We do not want the property and would like to hand it back to the bank. Are we able to do this?

    Reply
    • Replies to Samantha>

      Comment by AdamH posted on

      Samantha - I am sorry to read of your recent loss. Something we can't advise you on and I would recommend speaking to a conveyancer and/or the bank to discuss possible options

      Reply
  180. Comment by Kal posted on

    My Grandmother recently died, she lived in a house in the legal name of her son. He bought the house, but she put money towards the purchase as well as the upkeep until she died. He promised to out her name on it but never did.
    Initially they lived together but he moved out 10 years ago, so she lived on her own.
    The house is up for sale and sold STC, how do we register my Grans' interest, which form? So that it can’t be sold without her beneficial/equitable interest going to her estate and ultimately to those in her will. We have the Grant of Probate. Thank you.

    Reply
    • Replies to Kal>

      Comment by AdamH posted on

      Kal - I am sorry to read of your recent loss. We register the legal ownership and it reads as if your interest is now in any beneficial interest your late Grandmother had and I would recommend that you seek legal advice as a result. We can't offer you legal advice on what interest she, and now you, may have. Our PG 19 explains how some third party interests might be protected on the register but I suspect much will depend on the specific details re the 'promise made' and whether the property formed part of her estate or not. That is where your legal advice must come in. https://www.gov.uk/government/publications/notices-restrictions-and-the-protection-of-third-party-interests-in-the-register

      Reply
      • Replies to AdamH>

        Comment by Kal posted on

        Thank you AdamH. I was thinking of filing an RX1, but should this be as a Form A or Form N

        Reply
        • Replies to Kal>

          Comment by ianflowers posted on

          Hello. I'm replying as Adam is currently unavailable. The type of restriction you apply for wouldn't be something we could advise you on. As Adam mentioned, you'd need to get independent legal advice on that, for example, on whether another form of restriction is required/appropriate in your case, either in place of or in addition to a Form A restriction

          A legal professional will be in a position to consider whether the applicant has sufficient interest to apply for a certain form of restriction based on the circumstances of the case.

          Reply
  181. Comment by kaala posted on

    My Uncle passed away 20 years ago and my cousin who lives in the house still hasn't changed over the name because he left no will, no nothing, she is also 5 years back in land taxes and owes thousands of dollars, I've spoken to a lawyer they said the only thing to do is to sell and divide the money among all the surviving cousins. what kind of legal person do I talk to, to get the process moving?

    Reply
    • Replies to kaala>

      Comment by AdamH posted on

      Kaala - you refer land taxes and dollars so I am assuming this in not a property in England or Wales (UK). If so then you need more local advice as in relative to the specific country

      Reply
  182. Comment by Ruth posted on

    My grandmother left my mother her property in her will. My grandmother's will went through probate (it's available on the government probate website). This was in 1997. My mother lived there from 1997 until her death this year. She has left this property now to me and my brother. However, on checking the title deeds on the Land Registry website it seems that my grandmother's name is still on the deeds and even though probate was done for her will the name on the deeds wasn't transferred into my mother's. How do my brother and I get the name on the deeds transferred first into our mother's name (she's named in my grandmother's will, which went through probate) and then into both my brother's and my name? It looks like it will be a two-step process. What forms do we need to fill in? I'd be grateful for any help. Thank you in advance.

    Reply
    • Replies to Ruth>

      Comment by AdamH posted on

      Ruth - probate provides the legal authority to the executor to deal with the estate. If the legal ownership is to be changed the executor has to then transfer it by way of a legal deed. In some cases, especially where the beneficiary inherits as in your case they may not complete the transfer process. There is no obligation to do so and there is no link between the government probate process and our own.
      To now transfer the ownership is not a two step process as we cannot register your late Mother as sadly she is also now deceased. As a first step you will also need probate for your late Mother. Once you have that you will have what is known as a chain of representation, namely your Mother as executor for grandmother followed by the executor for your Mother. The probates then confirm both deaths and the chain of executors (also known as personal representatives hence a chain of representation.
      Your Mother's executor can then transfer the legal ownership and registered title to the beneficiaries by way of forms AP1 and AS1 as explained in the article and linked guidance. Form ID1 will be needed for any of the beneficiaries who are not named in the probate as executor.

      Reply
  183. Comment by Concerned posted on

    Hi. I'm hoping you can answer my query please as to whether my mother in law needs to go through probate.
    She recently lost her partner to cancer, they'd been together for over thirty years, but only got married a couple of days before he died. As a result of this their wills are not valid and he died intestate. They owned a house together, no mortgage, but they were tenants in common. Will his proportion be considered part of his estate (dealt with by intestacy) or will it automatically pass to her?
    Am I right in thinking she will need to go through probate as an administrator - she thinks she doesn't need to do anything, but I'm concerned that she does. Any advice would be gratefully received, thank you. Extended family are slightly disjointed and I'm wondering if she doesn't start the process of probate, can her late husbands children commence this? (Both parties have grown up children of their own, none together).

    Reply
    • Replies to Concerned>

      Comment by AdamH posted on

      Concerned - I am sorry to read of her recent loss. The important thing here is to separate the legal and beneficial ownerships as that may help assess what needs to happen next. Strictly speaking this is a Q for the Probate service but the following may also help you
      We register the legal ownership. If that is in their joint names then the legal ownership passes to the surviving joint owner. Probate is not then needed to deal with the property.
      The tenants in common aspect you mention relates to their beneficial ownerships and is likely to impact on any future dealings she may have with the property. For example if the register refers to a form A restriction and she sells or remortgages she will not be able to do so alone. She would have to appoint someone to act with her or, if appropriate, apply for the restriction to be removed usually by supplying evidence that she is now the sole beneficial owner. Probate for her late partner would not be needed re identifying someone to act with her as it need not be an executor or family member/beneficiary.
      If the children applied for probate this would not alter the position re the legal ownership as described. It has passed to her as the surviving joint registered owner. She should still be mindful of her late partner's beneficial interest of course when dealing with the property and as such the law around intestacy and next of kin/inheritance. But those are not areas we deal with hence the recommendation to seek wider advice

      Reply
  184. Comment by Greg posted on

    Hi could please somebody help me, my dad passed away 2 years ago and there is a house that him and his girlfriend had and they had a mortgage. When i could bear to come to terms with my loss and tried to sort my dads things out and the house i was told by his girlfriend that the house is hers and and not owed nothing from my dads side. when i finally got my dads things there was the house deeds with his belongings that stated he owned 40% of the property but still she wont have any contact with us. Any guidance would much appreciated thank you

    Reply
    • Replies to Greg>

      Comment by AdamH posted on

      Greg - when a property is owned jointly in this way the legal ownership will pass to the surviving joint owner. Your interest it seems is in 40% of the beneficial interest in the property. We register the legal ownership so to pursue the matter re the beneficial ownership you will need to get legal advice to discuss what options may be available to you re how to prove the beneficial interest and how best to extract that value from the property/surviving owner

      Reply
  185. Comment by Tim posted on

    My mother-in-law died in late May 2017, leaving her estate, including a property, to her 4 children. Probate etc has all been cleared, but for various reasons to do with dividing their possessions individually, the children are considering a redistribution and splitting of their joint assets so that only one of them becomes the owner of the property. No contact with Land Registry has yet been made; will it be necessary for them first to have the property registered in their joint names, and then reapply for it to be registered in the single sibling's name, or is it possible to miss out the first action?

    Reply
    • Replies to Tim>

      Comment by ianflowers posted on

      I am sorry to hear of your loss. This very much depends on the circumstances of the case. There may also be more to consider in these matters than just the registration and as a registration authority with essentially an administrative role, we would consider each application on its own merits once lodged. For example, if the redistribution involves a monetary or other type of value, then a form TR1 would generally be required and other factors such as Stamp Duty Land Tax may come into play.

      If the parties are unsure how to proceed, we would advise seeking independent advice, for example, from Citizen's Advice or from a conveyancer, such as a solicitor.

      Reply
  186. Comment by James posted on

    My mother passed away last November and left a will that unfoirtunatly is not valid. She requested that her property be divided equally between myself and my brother.
    In 1996 my mother and farther divorced and at the time it was written into the court papers that my farther gave up all legal rights to the property.
    Unfortunately my farther never removed himself from the deeds. We have now been told that the legal title will pass directly to him and bypass the estate.
    My farther does not want the house but wishes my brother and I to have it. What would be the best route for him to transfer ownership to us? Will he be liable for capital gains tax if he does transfer ownership as it would not have been his primary residence since the divorce?

    Reply
  187. Comment by Stewart posted on

    Adam. My mother in law gifted her home to her two daughters and two son in laws in 2004 but continued to live in the property rent free up to her death in July 2018. When the gift was made her solicitor put a restriction on the register so that the property could only be sold with her consent. The restriction now needs to be removed to sell the property. Will the Land Registry accept an official copy of my mother in law's death certificate as evidence that she has died and the restriction is no longer required? We intend to send this to the Land Registry with an RX3 form. Will this enable the restriction to be removed? Thank you.

    Reply
    • Replies to Stewart>

      Comment by ianflowers posted on

      I am replying as Adam is unavailable. It will depend very much on the wording of the restriction in question, the type of application applied for - RX3 for cancellation or RX4 for withdrawal, as to the evidence that needs to be provided. I regret we cannot approve a particular course of action in advance of the application being made. Section 3.7 of our Practice Guide 19 - https://bit.ly/1WBIiCd may be of help, but please note it is written for legal professionals and may therefore contain some unfamiliar terms.

      We cannot give legal advice, but if you have a more specific procedural query, then you can contact us using our form - https://bit.ly/2F6AtxU. You may also want consider getting some legal advice on how to proceed, for example, from Citizen's Advice or from a conveyancer such as a solicitor, whether consulted separately or acting in any sale.

      •who is to have the benefit of the restriction after such death,

      refer the application to a TT1 holder. It may be possible to produce evidence to satisfy us who has an interest in the restriction so that it can be withdrawn under r.98(2)(e).

      If such evidence cannot be produced, an applicant cannot apply to withdraw it but must instead apply for its cancellation. You must cancel/reject the application with a letter setting out the reasons above and refund/return any fees. The letter of cancellation/rejection must also give the applicant the option to apply for cancellation of the restriction using form RX3.

      Reply
  188. Comment by Melvin posted on

    My parents ownership of their home was changed earlier this year from joint ownership, to tenants in common by a solicitor acting for my father when he changed his will.

    My mother has since died, and my father is her sole beneficiary and executor, with her half of the home being her only asset.

    Their home is not registered on the Land Registry as it was bought in the seventies.

    What, if any action does he need to take to transfer full ownership back to himself? Does his home now have to be registered with the land registry and will it require him applying for probate?

    Thank you,

    Mel.

    Reply
    • Replies to Melvin>

      Comment by ianflowers posted on

      Melvin - I am sorry to hear of your loss. It is important to separate the legal and beneficial ownerships. We register the legal ownership and if the property was held in joint names then the legal ownership passes to the surviving owner. The tenants in common aspect you mention relates to their beneficial ownerships, namely what happens to their percentage shares following death. On registered titles, the percentage shares or who they were to pass to would not be recorded.

      On registered property, where owners held the property as tenants in common this impacts on any future dealings the surviving legal owner may have with the property. But, for your father to be registered as legal owner, probate for your late mother would not be needed.

      First registration with us would not be compulsory unless there is a 'trigger' event such as a sale or mortgage of the property.

      Reply
  189. Comment by Steve posted on

    I am the executor for an estate containing about £350k in cash plus a house worth about £150k. There are two beneficiaries, who according to the will are to receive "equal shares absolutely" (with no other stipulations).

    Consider the following possible distribution of the estate to the beneficiaries: the first beneficiary receives £250k in cash, and the second £100k in cash plus the house. Assume that both beneficiaries agree that this distribution is consistent with "equal shares".

    1) Is this sort of distribution permissible?

    2) Would it have to be formalised legally in some way? Is it necessary or desirable for the beneficiaries to sign that they agree to the fairness of the division? Would an assent be required to gift the house to one of the beneficiaries? If so, which forms would be required?

    3) Is there any tax incurred beyond inheritance tax? For example, is the beneficiary who receives the house liable to pay stamp duty?

    Reply
    • Replies to Steve>

      Comment by ianflowers posted on

      Steve - we are not involved with the percentage distribution of the estate under probate rules and any tax liability - these would be questions for the probate service and you may also want to consider seeking independent legal advice on how to proceed based on the rules of probate / inheritance and on how to formalise this in a legal way.

      We register the legal ownership and so our involvement would be limited to registering the beneficiary or beneficiaries as registered owners based on what is applied for in applications lodged with us.

      Reply
  190. Comment by Graham Smith posted on

    My father died suddenly in 2014 without leaving a Will. My mother had lost mental capacity in 2011 due to dementia so I assumed the role as her carer until her death in September 2017. The property is registered in joint names. I'm expecting the Letters of Administration in the next few days. In order to sell the property do I need to change the name on the deed to my name or can I sell it without changing on the basis that I have the Letters of Administration? Thanks in anticipation.

    Reply
  191. Comment by Sean Skingsley posted on

    Hi, me and my partner are currently buying a property but it’s being held up by the land registry. It’s being done through probate, which is all complete.

    I received this form my solicitor,
    Spoken with the other side they have said it was rejected and they have done a new deed of appointment for a new trustee to be assigned but need to send to the old trustee to sign the trust deed but they are currently under investigation with the police, he didn’t say why. If they wont sign it then need to apply to court so could become quite long winded. He has said he will keep me updated.

    If it does go to court, do you know roughly how long it could take.

    Thanks in advance.

    Reply
    • Replies to Sean Skingsley>

      Comment by ianflowers posted on

      Sean - as a registration authority we are not directly involved with the court process, so I regret we can't really say. Your solicitor is in the best position to advise you on this, but it is likely that the parties involved will fully explore the other avenues before applying to the court, as there can be significant delays when courts are involved which are not really predictable in advance.

      Reply
  192. Comment by Sean Skingsley posted on

    Hi Ian, thanks for the response. Yeah our solicitors have said they’ve never come across this before. I might try seek legal advice from a solicitor that’s dealt with similar situations. Thanks again

    Reply
  193. Comment by J. Kay Wireman posted on

    I’m thankful for this blog and useful information. I do have some questions that I’ve been searching for answers for. I’m hoping you might could help?

    I am co admin (along with my uncle as he is co admin, too) over my grandma’s estate. She died intestate (without a will). She owned several properties. Two deeds has her name only. One deed has her name and her deceased husbands name (my grandfather which died in 1964). She had 12 children whom are all heirs to estate. My questions are: 1) are these properties considered part of her estate now that she has passed? I’ve always listed them as part of her estate on inventory through probate. 2) All these properties have a house and barn on each and some heirs reside in these homes. However, all heirs do not agree on how to handle these properties and it’s obvious these properties can not be divided evenly amongst all heirs. So with me being co-admin can I file a partition to petition (forced sale) on these properties in order for each heir to get their fair interest? If I do, in the state of Kentucky would these charges from a forced sale be covered by the estate? 3) I’m confused as to what catergory if any we would fall into: joint tenancy, joint tentants in common, joints tenancy of survivorship, none of the above, etc? I’ve been reading on this matter and it’s all very confusing. Some are saying that this property is not considered part of her estate since her passing n that we (all heirs) became land owners the day she died. And that this is separate from probate? I do not understand how that could be true.... since estate has been paying all property tax bills and there was no will and deeds were in her name solely except one that I mentioned that was in hers and my grandfathers name who died many years ago. Any info you or clarity you could give on these matters would be greatly appreciated.
    Thank you in advance
    jkw

    Reply
    • Replies to J. Kay Wireman>

      Comment by ianflowers posted on

      Glad the blog was of use. We are not involved with issues connected to the distribution of the estate under probate rules - these would be questions for the probate authority. You may also want to consider seeking independent legal advice on how to proceed based on the law in your jurisdiction - as it appears these properties are in the USA?

      Reply
  194. Comment by Martin Garry posted on

    Hi. Many thanks for the blog.
    If the will leaves a property to one person (son) and they want to retain the property but hold it jointly with wife do they need to assent to the beneficiary first and then do a transfer or can it all be done as one?
    Thanks

    Reply
    • Replies to Martin Garry>

      Comment by ianflowers posted on

      Martin - you're welcome. You may want to consider getting independent legal advice, for example, from Citizen's Advice, or from a conveyancer such as solicitor on the action to take in this case in accordance with the probate / administration process. There may also be more to consider than just the requirements for registration. But we can confirm the form AS1 is for assenting a property to the beneficiaries of the Estate.

      Reply
  195. Comment by Jean posted on

    Just stumbled upon this helpful article looking for help with a probate situation. My brother has sadly passed away just a few weeks after his wife. I am his sole next of kin and am now left to deal with his estate through probate (no will). I have no idea, though, if the house was jointly owned between the two of them or was just in his/her name. If it was joint owned, for example, will the house have automatically been put into his name immediately after her death? Or is there an official process that he would have had to initiate himself? If so, I have no idea if he ever got around to it in just a few short weeks.

    Thank you in advance for any help.

    Reply
    • Replies to Jean>

      Comment by ianflowers posted on

      Jean - I am sorry to hear of your loss. When a sole owner or a last surviving joint owner passes away, the ownership effectively passes to the personal representative of the last surviving owner to deal with the property in accordance with probate rules. However, it is rare for the personal representative to be entered in the register as owner. If you have any doubt as to how to proceed with the probate, you'd need to consider taking legal advice, for example, from Citizen's Advice or from a conveyancer such as a solicitor.

      So regardless of whether your late brother owned the property jointly or as sole owner, it appears it will be left to you to deal with the estate. But you can check the position on the register by buying a copy online for £3 - https://bit.ly/2QYEIlo . Changes to the register when someone passes are not made automatically - we require an application to be made to us, so it is likely that your late brother and his wife will still be showing as registered owners.

      Please also see our other guidance on GOV.UK in this area: https://www.gov.uk/update-property-records-someone-dies & https://www.gov.uk/joint-property-ownership .

      Reply
  196. Comment by Laura posted on

    Hello I am in the process of buying a house off a late gentleman. It has been a very long process as the probate has only just been sent off by the executor. Can I ask if once probate has been granted the sale can be completed or if there is a land registry requirement for the executor first?
    Thanks 🙂

    Reply
    • Replies to Laura>

      Comment by ianflowers posted on

      Laura - Hello. Once probate has been granted the personal representative(s) should be in a position to proceed with the sale and do not need to be entered in the register before doing so. As to completion of the sale, we can't really be certain as we're not directly involved and there is more to be considered than just the registration requirements.

      Reply
  197. Comment by Linda posted on

    My parents drew up a Will, owning their house as Tenants in Common. My father passed away, so under the terms of the Will, the house is now owned 50% by my mother and 25% each by my brother and myself. My mother is elderly and has expressed the wish to continue to live in the house, aided by purchased care attendance as/when needed. Our concern is that, when her savings are used up, are we able to simply return our share of the value of the house to her to for her care, or does she need to draw up a new will, giving her ownership of 100% of the property? We’re anxious to avoid causing legal complications going forward.

    Reply
    • Replies to Linda>

      Comment by ianflowers posted on

      Linda - I am sorry to hear of your loss. We register the legal ownership and it reads as if the matters raised related to you and your brother's beneficial ownerships. It is important to separate the legal and beneficial ownerships as that helps to assess the options open to you.

      As mentioned, we register the legal ownership. If that was in their joint names then the legal ownership passes to the surviving joint owner. The tenants in common aspect you mention and the percentage shares under the will relates to beneficial ownerships and is likely to impact on any future dealings your mother may have with the property. For example if the register refers to a trustee restriction and she sells or remortgages she will not be able to do so alone. She would have to appoint someone to act with her or, if appropriate, apply for the restriction to be removed. The shares under the will would not be needed re identifying someone to act with her as it need not be an executor or family member/beneficiary.

      So you and your brother's percentage shares under the will do not alter the position re the legal ownership as described. It has passed to your mother as the surviving joint registered owner. She should still be mindful of your beneficial interest if dealing with the property and as such the law around probate and next of kin/inheritance. This will also come into play regarding your query about drawing up a new will / altering the percentage beneficial shares. But those are not areas we deal with hence you may want to consider seeking independent legal advice if you are unsure of the legal position, for example, from Citizen's Advice or from a conveyancer, such as a solicitor.

      Our blog on this area may also be of interest, but please note that it has been written with legal professionals in mind and may therefore contain some unfamiliar terms - https://hmlandregistry.blog.gov.uk/2016/08/16/legal-estates-beneficial-interests-whats-difference/

      Reply
  198. Comment by Darren posted on

    My dad died 2017, and was Tenants in Common with his second wife, who I am not in contact with. My understanding was that my dad had 60% share of the property, which would eventually go to myself and brother and sister. My dads second wifes share would go to her two children.
    I am not in touch with her - she was my fathers executor. She has not gone through probate or transferred title deeds. If she dies without putting my fathers estate through probate, what happens to my fathers share of the property?

    Reply
    • Replies to Darren>

      Comment by ianflowers posted on

      Darren - I am sorry to hear of your loss.

      The important thing here is to separate the legal and beneficial ownerships as that may help assess what might happen next. We register the legal ownership. If that was in their joint names then the legal ownership passes to the surviving joint owner. Probate for your late father is not then needed to deal with the property.

      The tenants in common and percentage share aspect you mention relates to a beneficial ownership and is likely to impact on any future dealings she may have with the property. For example if the register refers to a trustee restriction and she sells or remortgages she will not be able to do so alone. She would have to appoint someone to act with her or, if appropriate. Probate for your late father would not be needed re identifying someone to act with her as it need not be an executor or family member/beneficiary.

      Whether or not probate is applied for would not alter the position re the legal ownership as described. It has passed to her as the surviving joint registered owner as mentioned. She, or her personal representative appointed under probate she dies, should still be mindful of your late father's beneficial interest of course when dealing with the property and as such the law around probate and inheritance comes into play. But those are not areas we deal with hence you may want to seek wider advice, for example, from the Probate Service and/or from a legal professional, such as a solicitor.

      Reply
  199. Comment by Tomasino posted on

    My parents house ownership was as tenants in common. They had mirror wills. My father passed away in 2011, after which my mother declared that everything had automatically been inherited by her. In 2014 my brother died suddenly leaving no will. After obtaining letters of administration and dissolving his company my mother made a new will. Unfortunately, at this stage, due to ignorance and having reached saturation point with this lengthy administrative process, the old wills got shredded. My mother passed away two months ago, leaving me as sole Executor and main beneficiary. I discovered that the title deed was still in both my parents’ names, so sent in the DJP form with his death certificate. However, this has not dealt with the restriction. Two probate applications have been applied for - one for my father (intestate) and one for my mother. I have appointed an attorney to handle these applications on my behalf.

    If I’ve understood previous posts correctly, when my father passed away, the legal ownership of the property passed to her by default. Now, if I wish to sell the house, I need the Grant of Probate for my mother and a trustee needs to be appointed in addition to myself as her personal representative (or my attorney in this instance) for the Title to be ‘overreached’ (I’m assuming that ‘overreaching the Title’ is the same thing as getting the restriction removed?). This would allow the property to be sold.

    But for me (or my attorney) to deal with my mother’s estate, the letters of administration would be required for my father as well as the grant of probate for my mother. Am I right?

    Reply
    • Replies to Tomasino>

      Comment by ianflowers posted on

      Tomasino - I am sorry to hear of your loss. Yes, in the circumstances you've described, the legal registered ownership, which is what we are mainly concerned with, passed to your mother as the surviving owner. If you're unsure how to proceed, you would need to consider checking the options open to you regarding dealing with the trustee restriction with an independent legal advisor, such as a solicitor, would be able advise you on the legal position regarding this.

      In terms of the registration formalities, we would not require the letters of administration for your late father if you have already sent in the DJP with the death certificate which will have removed his name from the register. But it is important that mention that your responsibilities in dealing with the estate under inheritance / probate / trust law are separate from the registration process and again, you would need to consider seeking independent legal advice if you are unsure of the legal position and your responsibilities in respect of this.

      Reply
  200. Comment by Steve posted on

    Hi.....is there a simple process of changing my late fathers house into my name? I am the executor of the will, I am buying my sister out, and the mortgage arrears have been paid off. So it’s merley changing his name on the register to mine, however the paperwork seems complex? If I’m able to complete the paperwork myself it would be simpler, but if it’s a complex matter is it worthwhile getting a solicitor involved?

    Reply
    • Replies to Steve>

      Comment by ianflowers posted on

      There is no requirement to use a solicitor, but it is worth considering if you are unsure how to proceed. Please see our blog which gives information around this - https://hmlandregistry.blog.gov.uk/2014/02/24/conveyancing-solicitor-or-diy/ .

      The are a number of points to consider in meeting the legal and registration formalities which can seem complex particularly for those considering this for the first time. It also important to remember that there is usually more to consider than just the registration aspect - for example, buying your sister out would involve a transaction for value and you'd need to consider liability for Stamp Duty Land Tax and possibly other tax liability.

      Our general guidance on GOV.UK gives assistance with the most common procedural aspects of lodging applications following the death of an owner, with link to the forms involved - https://www.gov.uk/update-property-records-someone-dies .

      Reply
  201. Comment by Gina Hopkinson posted on

    Hello, my father-in-law passed away last year, with my mother-in-law being the sole beneficiary of his estate. She has recently discovered that his name (and not hers) is on the deeds. Does she need to get this changed? If so, how does she go about it?

    Reply
    • Replies to Gina Hopkinson>

      Comment by ianflowers posted on

      Gina - I am sorry to hear of your loss. There is no immediate requirement to update the register, but you may choose to do so to avoid delays in the future, for example if the property is sold. If not already done so, the appropriate person would need to apply for probate for your late father-in-law. Once granted, the personal representative would be in a position to deal with the property as appropriate, for example, by transferring ownership to your mother-in-law as beneficiary.

      Our guidance on GOV.UK - https://www.gov.uk/update-property-records-someone-dies gives procedural assistance with the registration procedures and requirements, together with links to the appropriate forms and guidance notes / videos to help with completion.

      If you are still unsure how to proceed, you may want to consider getting independent advice from a legal professional.

      Reply
  202. Comment by Carol Clarke posted on

    Hello, I hope this is a fairly quick and easy query to answer.
    My father passed away in April this year and left me the house. My mother had passed away a few years previously. I have recently checked with the Land Registry and the house is still registered in both their names. My father obviously never had my mothers name taken off after she passed away.
    Probate has been granted to me.
    Which forms do I need to fill in to allow me to sell the house (if any)?
    Do I need to verify my identity?

    Many Thanks

    Carol

    Reply
    • Replies to Carol Clarke>

      Comment by ianflowers posted on

      Hello. I am sorry to hear of your loss. You will need probate for your late father as the last surviving registered owner and evidence of death for your late mother - e.g. the probate or death certificate.

      Please see our general guidance on GOV.UK, which also links to the forms - https://www.gov.uk/update-property-records-someone-dies. On the forms pages scroll down to access guidance notes / a video. Identity is not required on a assent to a beneficiary, but needs to be considered if you sell to a third party and no solicitor is acting.

      The registration requirements are just one aspect of inheritance / probate and if you are unsure of the legal issues and what action to take, you may want to consider getting independent advice, for example, from Citizen's Advice or from a conveyancer such as a solicitor.

      Reply
  203. Comment by Carol Clarke posted on

    Thank you.
    I already have probate for my late father, and my late mothers death certificate.
    I've read through the guidance, can I make sure i'm getting this right?
    If I want to sell to a third party, I don't need to fill in forms AP1 (to change the Register) or AS1 (to assent the title to a beneficiary) instead I use form TR1 to transfer the title to the buyer?
    IE - I don't need to change the property into my name in order to sell it?

    Thanks again.

    Carol

    Reply
    • Replies to Carol Clarke>

      Comment by ianflowers posted on

      Carol - you're welcome. No you don't have to change the property into your name. But, the normal process would be pass the relevant documents to the solicitor acting for you in any sale, as it would generally be the solicitors acting for the buyer who then lodge any application to transfer the ownership. Where no solicitor is acting then identity requirements will come into play. There will also be other aspects to consider than just the registration process, such as consideration of Stamp Duty Land Tax and other possible tax liabilities.

      Reply
  204. Comment by Scott posted on

    My mother has just found out, following my fathers recent death, that the property is solely in fathers name, even though they bought it together prior to getting married some 60+ years ago and was together and living in the property until his death. He had no money at the time of property purchase so mother put down the 10% deposit on the property - but that won't mean anything now.
    My father also died intestate/leaving no will.
    We are about to complete form PA1 but are unsure on property ownership for the form. Divorce law would grant her 50%, what is the situation of property percentage ownership here?

    Reply
    • Replies to Scott>

      Comment by ianflowers posted on

      Scott - I am sorry to hear of your loss. We are mainly concerned with the legal registered ownership whereas any perceived percentage share for someone not registered as owner would relate to a beneficial ownership.

      This means that any transaction in an application to us would need to be from the personal representative for your late father as the sole registered owner, appointed under probate. So, probate would be the first step if you've not already done so.

      As to how the personal representative then deals with the land, that is informed by probate and the law governing inheritance and there is usually more to consider than just the registration requirements. So if you're unsure how to proceed, you may want consider seeking independent legal advice, for example, from Citizen's Advice or from legal professional, such as a solicitor.

      Our GOV.UK page gives general procedural guidance, on completing the forms used in this area, for example, where a personal representative transfers ownership to a beneficiary - https://www.gov.uk/update-property-records-someone-dies . This links the forms involved. On the form pages scroll down to access procedural guidance notes and an instructional video.

      Reply
  205. Comment by Scott posted on

    Thank you very much Ian for your reply. We will pursue the probate route and take some legal advise as advised. Regards Scott

    Reply
  206. Comment by Mim posted on

    My husband passed away in July. We are tenants in common of our house, which is registered with the LR. I know that I need to complete a DJP form and send it to you with an official copy of his Death Certificate. I can do this. I have been told that I also need to complete an AP1 and a TR1. My son and I are the executors for my late husband and have received the Grant of Probate as joint executors. In completing the AP1 will I need to include my son and apply as joint applicants? He lives in London and I live in Devon.
    Does the same apply to TR1? I also know that we will need to complete an ID1 form - does this apply to each of us? I know that there are no fees attached to the DJP. What category of fees are attached to the AP1 and the TP1 forms, please? Apologies for all the questions, but I am just at the beginning of this stage of attending to his estate. Thank you for any help.

    Reply
    • Replies to Mim>

      Comment by ianflowers posted on

      Mim - I am sorry to hear of your loss. I should explain that as the surviving registered owner, the legal ownership passes to you as surviving registered owner. Your son may hold a beneficial interest, for example under your late husband's will, but this is separate and distinct from the registered ownership which we mainly deal with.

      We essentially have an administrative role in registering changes to the ownership based on the applications made to us and so cannot advise you on the action to take. It is important to remember that in this situation there is likely to be more to consider that just the registration aspect. For example, the rules as to inheritance and probate may come into play and possible tax liability. So if you're unsure, you may want to considering seeking legal advice, for example from Citizen's Advice or from a legal professional.

      We do have procedural guidance on GOV.UK relating to the completion of the AP1 and TR1 forms which links to other information such as fees - https://www.gov.uk/registering-land-or-property-with-land-registry/transfer-ownership-of-your-property . But we cannot advise whether this is the correct action to take in your situation as I've mentioned. On a transfer of ownership there are also verification of identity requirements for those who are not legally represented.

      In answer to your question, any application to transfer the ownership would be by you alone as sole surviving registered owner.

      Reply
      • Replies to ianflowers>

        Comment by Mim Gibney posted on

        Hello Ian
        Thank you for your kind words and swift reply. My son and myself hold the Grant of Probate and are named jointly as executors of Ken's will. I have been informed by my solicitor that I will need to firstly remove Ken's name from the register, then send in an AP1 and then a TR1. I have also read that a copy of the Grant of Probate will be sent with the AP1? If this is the case then we don't have to complete ID1. A Trust Fund will be set up for my husband's assets and when I die then the whole estate will be dealt with as recorded in the Trust deed i.e. in our wills. I'm just trying to get to grips with what needs to be done in order that there are no glitches when I die.
        I very much appreciate your help and response. I feel as if I'm on the right track. I will check the fees and look at the guidance and video for the AP1. then for the TR1. My solicitor has told me that my son's name needs to be entered on the register as not only an executor but as a Trustee when the Trust fund is established. Thank you very much. I will also check back with my solicitor. Mim

        Reply
        • Replies to Mim Gibney>

          Comment by ianflowers posted on

          Hello Mim. Your solicitor is the right person to advise you on the action to take, for example, whether your son's name should to be entered in the register as trustee, as they can provide legal advice which we cannot offer. Also, as mentioned in the previous post, we are not directly involved in beneficial interests / shares under a trust as it is the registered ownership we mainly deal with and there is usually more to consider in these matters than just the registration aspect.

          As mentioned in my previous reply, the registered ownership has passed to you as sole surviving owner. So any transfer of the land will be on the basis of you transferring the land as sole registered owner (the 'transferor') and not as personal representative. So we will need the death certificate or probate for your late husband and this can be lodged at the same time as the transfer application. If no solicitor is acting on the transfer application, we will also need evidence of identity for all unrepresented parties - for example, for both you and your son.

          It seems to be something to discuss further with your solicitor as you've mentioned. Our Practice Guide - https://www.gov.uk/government/publications/evidence-of-identity-conveyancers/practice-guide-67-evidence-of-identity-conveyancers#when-confirmation-of-identity-or-rule-17-identity-evidence-is-required on our identity requirements may also be of interest, particularly section 4 which sets out when evidence is required. This guide is written for legal professionals and may therefore contain some unfamiliar terms.

          Reply
  207. Comment by Ann Thomas posted on

    My husband and I held our property as tenants in common. He has since died leaving a will with me as the sole beneficiary. Do I have to apply for probate for my husband before I can sell?

    Reply
  208. Comment by Linda posted on

    Hi My Mum has been in poor health with dementia for several years, I have POA for her and following a massive stroke she is now in a care home. She can't speak or convey any communication.

    Dad passed a couple of months ago I have a copy of their will and know where the original is and house deeds. I am the sole executor of the estate

    I've just checked with the Land Registry and Dad is the only named owner if I apply to have it removed should I replace it with Mum's or mine or both. The property is to be sold soon so I would like all legal points in place.

    Reply
    • Replies to Linda>

      Comment by ianflowers posted on

      Linda - Hi. I am sorry to hear of your Mum's poor health and your recent loss.

      As a registration authority with essentially an administrative role we can give procedural advice regarding the completion of our forms, but can't advise you on what is the appropriate action to take in respect of your responsibilities as executor of your late father's estate. There are a number of options, and the key thing is that there is more to consider from a legal perspective when deciding how to proceed than just the registration process.

      Please see our general guidance on GOV.UK which sets out the main options in respect of the registration process - https://www.gov.uk/update-property-records-someone-dies . You may also want to consider seeking independent advice, for example, from Citizen's Advice or from a legal professional such as a solicitor.

      Reply
  209. Comment by Phil D posted on

    Hi.
    My father in law passed away in Dec 2017. We equally own a Bulgarian holiday Apartment legally under Bulgarian law and which is registered in that country.
    Until his death we split all bills 50/50 without issue.
    Since his passing his family have refused to respond to my letters advising them of mounting maintenance costs and i am under pressure to clear these which i am reluctant to do as i only own half of the apartment.
    I have not seen the will yet although i have requested one today online.
    Please can you advise how i can find out who is the beneficiary of the 50% ownership, and indeed what is the liklihood of me inheriting the 50% due to right of survivorship?
    Many thanks,
    Phil D

    Reply
    • Replies to Phil D>

      Comment by ianflowers posted on

      Phil D - Hi. I am sorry to hear of your loss.

      We essentially have an administrative role in registering ownership and other interests in land in England & Wales. So we would not be able to advise you on the position regarding inheriting the 50% of a foreign owned property as surviving owner. You may want to consider seeking independent advice on this, for example, from a legal professional such a solicitor, possibly also with knowledge of Bulgarian property law.

      As to the other aspect you've raised regarding getting information on the beneficiary under your late father in law's will, that is something you'd need to check with the probate office and the general information on GOV.UK may also be of interest - https://www.gov.uk/wills-probate-inheritance . Again, if you are unsure how to proceed, you may want to consider seeking independent advice, on the legal position and responsibilities concerning the probate process and inheritance.

      Reply
      • Replies to ianflowers>

        Comment by Phil D posted on

        Ian - Many thanks for your kind and timely response.
        Phil.

        Reply
  210. Comment by Ken Parker posted on

    Where a mortgage free property has been left to a daughter, is it necessary to register the property in the daughter's name only or can it be registered in both the daughter's and her husband's names in the AS1 form? Is a Deed of Variation required in this situation?

    Reply
    • Replies to Ken Parker>

      Comment by AdamH posted on

      Ken - a deed of variation would I assume only relate to the terms of the will, if that is indeed needed. We could not advise you on that aspect.
      An AS1 is one of our prescribed forms and used where an executor is transferring to the beneficiaries. If the transfer is to a third party then it would be normal to use a form TR1 instead.

      Reply
      • Replies to AdamH>

        Comment by Ken Parker posted on

        Adam, thanks for your timely response.

        Reply
  211. Comment by Elisa L posted on

    Hello. My husband died last year without will. I have recently obtained the grant of probate and i am the only executor. When he died, i was pregnant. Our only son was born early this year. His asset includes our residence home (tenants in common) and buy to let properties. All these properties have mortgages with bank. I have 2 major questions would like to seek your advice.

    1) Could i apply and transfer the title of all properties under my name before the mortgage sort out? Or do i need to do it at the same time?
    2) Do i need to state our newborn son as the beneficiary of all these properties?

    Thank you for your help!

    Elisa

    Reply
  212. Comment by Joanne Scott posted on

    Hello. I wonder if you can help.

    If someone owns an investment property as joint tenants, and that property has made a lot of capital gain, if one owner dies first, can you tell me how the capital gain is calculated if the property is then sold by immediately by the survivor? I am a bit confused as to whether half has a purchase cost as at date of death and half (i.e. the survivors share) has a purchase cost at the date it was originally bought.

    Many thanks for your help

    Jo

    Reply
    • Replies to Joanne Scott>

      Comment by AdamH posted on

      Joanne - we don;t register or deal with CGT I'm afraid so can't help answer that Q. I would suggest contacting HMRC or seeking wider legal/financial assistance as appropriate

      Reply
  213. Comment by Chris King posted on

    Hello, I wonder if you could clarify the procedure in our case.
    My relatives, Jack and Jill bought their matrimonial home some 70 years ago and only Jack's name was entered on the Deeds. In the 1970's the title was transferred to them both as Joint Tenants. Later, when they wanted to draw up their wills, they completed a Deed of Separation so that they then owned the property as Tenants in Common. The property has never been registered.

    Jack died this year and left his share of the house to their only child, Simon. Simon and Jill are Executors of the will.

    There is a desire to register the property in the names of Jill and Simon as Tenants in Common.

    Am I correct in thinking that in order to do this:

    Forms FR1 naming Jill and Simon as tenants in common signed by Jill as the current Legal Owner should be submitted.
    Form LD listing the various documents that make up the Deeds to the property should be submitted
    An official copy of the Grant of Probabate should be sent with the original Deeds to the house.
    Forms ID1 will not be required as both Simon and Jill are executors as laid out in the Grant.
    You will send back the original Deeds to the house.

    Thank you for your help

    Reply
    • Replies to Chris King>

      Comment by AdamH posted on

      Chris - if the property is to be transferred by Jill to Jill and Simon then that will trigger the need to register the property for the first time. Forms FR1 and DL will be required but they are signed by whoever lodges the application. That can be Jill or someone else
      We will need evidence of Jack's death so an official copy of a grant of probate or death certificate
      Evidence of identity should not be required if both Simon and Jill are both named executors in the probate - we do reserve the right to ask for it though if deemed necessary. We do not retain the original deeds and you should refer to PG 1 section 4.4.4 for an explanation https://www.gov.uk/government/publications/first-registrations

      Reply
      • Replies to AdamH>

        Comment by Chris King posted on

        Thank you, that is very helpful. I will pass the information onto Simon. This is a very useful web page!
        Regards
        Chris

        Reply
  214. Comment by Mary posted on

    Hi I live in my deceased parents house, the house was left to myself and brother, I obtained probate and have the title deeds which are still in my late parents names, can I transfer the deeds in to my name and if so how much is it to do this? And do I have to inform my brother of my intentions if I obtained probate, our relationship is very strained. Many thanks.

    Reply
    • Replies to Mary>

      Comment by AdamH posted on

      Mary - our online short guide takes you through a series of Qs the answers to which will link you to the guidance, forms and fee information you need. We register the legal ownership so cannot advise on how you deal with other beneficiaries or the estate/will for example and I would recommend that you seek legal advice as a result.

      Reply
  215. Comment by Jo posted on

    Hi I wonder if you can help with a perplexing situation. I am trying to buy an unoccupied property which was left to two siblings by their deceased mother ten years ago. Both are listed as proprietors on the land registry deeds with a caveat that neither can sell without the other's agreement. One of the siblings died last year (there were failed attempts to sell whilst she was still alive) but unfortunately the family overlooked changing the deeds. The surviving sibling wishes to sell as do the children of the deceased sibling. To make matters more complicated, the deceased proprietor moved to the US early in her life and died having only created a US will (her children are in the US). The surviving sibling is struggling to receive clear legal advice from his solicitor on a definitive path forward. It would be extremely useful to understand the procedure the family should follow to resolve the situation. Can you please advise? Thanks

    Reply
    • Replies to Jo>

      Comment by AdamH posted on

      Jo - it is most certainly legal advice you need here and we cannot give you that. The legal ownership if registered in joint names, passes to the surviving joint owner on the other's death. However the 'caveat' you mention clearly impacts so it is understanding how that effects and how the benefit of that caveat may have changed on the joint owner's death. You will need legal advice from someone familiar with wills, death and how a deceased's estate is dealt with

      Reply
  216. Comment by Alison posted on

    My mother was left a house by her father in 1996. However she never had the deeds altered. She died recently (intestate). Admin not her strong point! At present we have no plans to sell the house as it is rented out but wonder if there will be an issue as the deeds were not in her name? What should my first steps be? I’m aware we need to change the deeds on my parents house to my fathers name but am uncertain how to proceed or what problems could be caused by the issue in relation to my grandparents house. Will I need a solicitor? I am keen to keep legal costs down where possible

    Reply
  217. Comment by Janine Chambers posted on

    My mum died in December, 2015 and owned a house with her Husband not my father as Tenants in common with my mum's share of the house being left to my sister and I, her husband has had to go into a care home this year due to dementia, we put the house on the market to sell and it's come to light that, when the solictors did my mums will they only put the restriction on the freehold and not the leasehold, to which Kirklees council have been able to take my mums name off the leasehold and put in the sole name of her husband then put a mortgage on for his care fee!

    The house has now sold with the proceeds of the sale being held at the solicitors, Kirklees council being able to take their money owed out of it and my sister and I left totally helpless with no money! and all I'm told is to seek legal advice. I have no money to pay for a solicitor.

    The original solicitor who messed up my mum will, is getting the files from storage to look into it,but they also said I would need to get legal advice from somebody else?

    The conveyancing solicitor and Kirklees Council won't help me either. What can I do? how can my mum's will be totally ignored just because a restriction was missed off the Leasehold of the land but her names on the Freehold, and her name just removed??

    Reply
    • Replies to Janine Chambers>

      Comment by AdamH posted on

      Janine - I am sorry to read of your difficulties here but it is legal advice you need and we cannot provide that for you. I would suggest trying your local CAB to see if they can refer you to a local solicitor for a fixed reduced fee albeit only for a 30 min/1 hour appointment for example.
      You could also try online forums such as Money Saving Expert or Mumsnet where such matters can be aired and discussed or others in similar positions may have posted previously.
      The only advice we can give relates to how such matters are dealt with from a registration perspective. As you already appreciate there is a distinction between a person's will and how they 'leave' their share in a property to someone and the legal ownership which we register.

      For example the register is not definitive re details of how the joint owners held the property, or their wills, and the term 'tenants in common' is not referred to on the register. Joint owners may indicate that they wish to hold the property as tenants in common when they are registered or may decide to sever their joint tenancy at some stage. When this happens, and where the land is registered, we can register a Form A restriction on the registered title, namely 'No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court' and that appears to be what they did at least re one of the titles
      The Form A restriction does not itself change the ownership from beneficial joint tenancy to tenancy in common. The restriction only reflects the request or change made.

      On any title when a joint owner dies the legal ownership, which we register, passes to the surviving joint owner. The register can be updated at any stage following the death. It seems an application was made to update the register re her death.
      The form A restriction restricts the sole surviving owner from dealing with the property but it should not prevent the local council from registering for example a charge under the Health and Social Services and Social Security Adjudications Act 1983 but this is what you will need wider advice on.

      You refer to your late Mother's will being disregarded so I suspect that the issue is that the means test carried out to assess matters did not account for her will/beneficial share. That may be something to query further with social services/council as whilst no form A restriction was registered on one of the titles it may be relevant to how they complete the means test rather than whether or not they could register their charge against the title. Again very much something to get wider advice on as that is not an area we would deal with.

      Although you state that the council won't assist they would normally be able to provide information on how such care charges work and can effect your home. I note that their website refers to some helplines, one or more of which may assist? https://www.nhs.uk/conditions/social-care-and-support-guide/money-work-and-benefits/when-the-council-might-pay-for-your-care/

      Reply
  218. Comment by aka posted on

    I am assisting a friend with an issue with her late husbands ex wife. This is the first wife of 3 that he was married to and they had no children. The second wife left him and their 2 children. When he got married a third time, he sadly died, leaving his children from his second wife behind.

    The house they all live in is the same house he brought when he got married to his first wife. According to his widow, his first wife signed over any claim to the house before he had remarried the second time; unsure how this was done.

    On his passing, the first wife has now made an 'application to register a restriction' (B136 (CO)). After reading around this above application, it appears that the ex wife cannot evict the widow and her late husbands 2 children, both of whom are under the age of 18.
    It also appears that the ex wife has not made or made very little payments towards the mortgage and did not pursue the application to register a restriction when her ex husband married the second wife.
    This man's widow has also informed me that the ex wife was given another house by her late husband.
    I could be wrong, however, it appears that the ex wife only has way of right because her ex husband had her as joint named on the mortgage.
    I like to state that the ex wife was not involved until 14 to 15 years later.

    What I thought I could do, is to transfer any deeds assets etc by Letters of Administration and register death using form DJP- Deceased Joint Proprietor, would this help?

    I will ask for more time to resolve this matter by asking the HM Land Registry under extenuating circumstances as it appears there may or may not have been, letters sent to the window about the application made by the ex -wife.

    How would this application to register a restriction affect the widow and children, who she adopted?

    Although the ex wife has instructed solicitors, is there any time limitations that you can apply for a application to register a restriction?

    Any help would be greatly accepted, thank you.

    Reply
    • Replies to aka>

      Comment by AdamH posted on

      Aka - it's very much legal advice you need here as to how the law vies such matters and who has what legal interest. A B136(CO) notice relates to an application to register a restriction to protect a charging order against a beneficial interest. You should read that Notice and the accompanying notes and seek legal advice as to what to do. If you believe that an objection to the application is warranted then our PG 37 explains the process https://www.gov.uk/government/publications/objections-and-disputes-a-guide-to-land-registry-practice-and-procedures

      Form DJP updates the register re a joint registered owner's death. So if it is registered in joint names and one of them has died the form DJP would cause the deceased's name to be removed. If the property is in joint names then the legal ownership passes to the surviving registered owner. However the beneficial interest of the deceased can still play a part and that is where your legal advice would come in. That advice would also explain how the restriction affects although it's wording should assist also

      Our PG 76 on charging orders may also assist but the guides are written very much with conveyancers in mind as these are complex registration and legal matters https://www.gov.uk/government/publications/charging-orders

      Reply
  219. Comment by elaine burns posted on

    my dad left property in Bulgaria ,(we was going to renovate it ,started but sadly he got ill an passed) i have A LOT OF PAPERWORK HERE, but the deeds are over there (AN THEIR SAYING there is no address on it ?????) my mum an him was separated but remained MARRIED an friends , i have tried an tried to get some sense and advice but to no avail ... my mum is 50+vat so doesn't know what to do ...PLZZZZZ COULD YOU GIVE US SOME SENSIBLE ADVICE ON WHAT TO DO .... b'cos i feel thez something not right as their not very forthcoming with the answers to my questions
    many thanks

    Reply
    • Replies to elaine burns>

      Comment by AdamH posted on

      Elaine - we deal with properties in England and Wales. You'll need to contact someone familiar with land law in Bulgaria re the property and how they might view marriage/separation and how that impacts also

      Reply
  220. Comment by Andrew posted on

    I live at home with my Dad, Wife and two children. I have a Joint Ownership with my Father on the property and me and my wife have yet to draw up a will. I want to ensure that my wife and children are financially safe if anything was to happen to me. I am thinking about changing the ownership to a Tenancy In Common and incorporating my wife in the ownership of the property (33% each) - My Dad already has drawn up a will but as the property is in Joint Ownership, the property is not mentioned in his will. In my Dad's will, me and my siblings have an even split of his estate. If we were to go down the Tenancy In Common route and something was to happen to my Dad, what would happen with his share of the property? Would it be split between me and my siblings?

    Reply
    • Replies to Andrew>

      Comment by AdamH posted on

      Andrew - that's not something we can advise you on and I would recommend you seek legal advice re your legal and beneficial interests in the property and how each is best protected

      Reply
  221. Comment by Kit posted on

    Hello,
    I am inheriting property willed from a friend who was sole owner. However, he had three friends in his employ who lived with him, not as tenants under let, but as people who worked together and shared a living space. I am wondering if these mutual friends would need to be evicted for the property to transfer over? Or could they remain there while they search for new living accommodations?

    Reply
    • Replies to Kit>

      Comment by AdamH posted on

      Kit - not something we can advise on other than we register the change of legal ownership but we don't register who lives there. I would suggest trying online public forums or seeking legal advice as to what their and your rights are in these situations

      Reply

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