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.

193 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
  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

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