Are you a member of the public? If so we’d like your views to help improve our service to you. Please fill in our anonymous survey.
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.
1,337 comments
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?
Comment by AdamH posted on
SC - it would be the transferee, namely the beneficiary the title is being assented to
Comment by Mark H posted on
Hi Adam,
Hopefully this is a very simple question, I am executor for my late Grandfathers estate and I have probate and everything is fine with every aspect. My mother is named in his will as the sole beneficiary of his solely owned property, my question is; can the property be transferred to my Mother and Father as they are married as per her request, or can it ONLY be transferred to my Mother as the sole named beneficiary?
Comment by AdamH posted on
Mark H - as executor you are authorised to deal with the deceased’s estate which includes transferring ownership of the property, if he was the sole legal owner. We are not privy to the will or wishes of the estate so there is no registration reason as to why you can’t transfer to the beneficiary plus husband.
In my experience the only reason such things can be an issue is if a beneficiary of the estate objects to such a course of action.
Comment by Paul R posted on
Hi Adam,
a similar q to what you just answered:
I am executor for my late fathers estate and I have probate. His wife is named in his will as the sole beneficiary of his estate, including a jointly owned property (tenants in common), my question is: can his share of the property ONLY be transferred to his wife, or can it be transferred his children too?
thanks,
Paul.
Comment by AdamH posted on
Paul R - we can’t advise you on what you can or can’t do re the d3ceased’s estate.
You can only transfer the whole of the legal ownership and we then register that change so if you transfer to just the widow or the widow and children we register the outcome, nit how you arrived at it.
I’d suggest you seek legal advice, especially if your intentions conflict with the will and/or the wishes of any beneficiaries
Comment by Gary Gemmell posted on
We recently lost our mother and my brother was in joint names with her for the house in which they both lived - he is disabled so I have had to quit my job and am now his carer so we are having to save every penny!
We need to save money so i have done all the funeral, legal and C1 confirmation stuff myself and has been quite a lot of hassle although actually very little work itself (it actually brings home to me how much solicitors charge for such simple tasks) mainly because things are such legalese - just a simple spelling mistake or wrong court can delay things.
I am now at the final stage and need to fill in a DJP - Death of joint proprietor form to remove my mum from the land register and my brother to have it in his name only - Solicitor wants £240 just to fill in a form and send it with the death certificate so i assume its even simpler than getting the C1 confirmation done which would have cost over £800 if i had not done it myself.
The question is the house is in Scotland but the HM website is for England and Wales - does anyone have any idea how i can accomplish this task in Scotland?
Comment by AdamH posted on
Gary -0 you would need to contact the Registers of Scotland for advice. It is rare for anyone to comment here as this is a blog rather than a forum
Comment by Gary Gemmell posted on
Thanks Adam i am just trying everything as its easy for England and Wales to find info but Scotland as usual is a complicated nightmare!
Comment by AdamH posted on
Gary - understood. Try Money Saving Expert of wider advice/comment needed as they can sometimes have people posting who have gone through something similar
Comment by Antony Miller posted on
We are buying a house it is freehold, there is a leasehold attached to this upon the death of the leaseholder, the solicitors have sent the death certificate to land registry, this wasn't adequate enough, the lease must have specified 4 weeks notice, so the seller has had to give notice to the deceased of eviction and attach to the property door.
Surely this is not normal procedure?
Comment by AdamH posted on
Antony - all depends on the wording of the lease I suspect as to how it comes to an end on death. There is no 'normal procedure' just the details in the lease which can vary depending on the arrangements made when it was granted/entered into
Comment by David Metcalfe posted on
My parents have lived in their property for nearly 60 years but it is unregistered is it considered they hold this property as tenants in common or joint tenants or could anyone simply register themselves as owners of the house?
Comment by AdamH posted on
David - you would have to check the deeds and consider anything else that may have happened to try and establish how they held the property. Our online guidance explains this in a little more detail although it refers to registered titles primarily of course. https://www.gov.uk/joint-property-ownership
To register yourself as an owner you would need to submit the original deeds/documents as per our PG 1; if lost then PG 2; or if claiming to be the owner PG5. Registering it for the first time is quite separate from how they held the property
https://www.gov.uk/topic/land-registration/practice-guides
Comment by Kelly Dee posted on
A house was left in my grans will to only one of her grandchildren, she had 4, and the other 3 got cash amounts, the house was sold 2 years previous to her death for care home fees. The wording on the will says on date of death to leave the house or proceeds of sale, so does the one grandchild get paid the amount the house sold for 2 years before? I’m really confused
Comment by AdamH posted on
Kelly - not something we can advise you on and I'd recommend you seek legal advice from someone familiar with inheritance/wills. If you are looking for wider online advice then public forums such as Money Saving Expert or Mumsnet can be useful resources at times but we would still recommend legal advice
Comment by Lillibet posted on
Hello, my father died just over 7 years ago, as sole executor of his will, I got probate granted and I inherited an unregistered property from him, which my aunt lived in until her death earlier this year. I have the deeds to the property but have never registered this property, would there be any penalties for not doing so before now plus as I already own other property would I be liable for the second property taxation of SDLT even though I technically owned the property before this became law. Thank you
Comment by AdamH posted on
Lillibet- no penalties. Although you inherited you haven’t finalised the transfer of legal ownership as yet.
You’d need to check with HMRC on the second home/SDLT element
Comment by S blakebrough posted on
I have lived in mother's house for 12 years since she had Alzimers. She has died. I am only relative. How can I take over the property, it is all she had to leave? Property worth about £175,000.
Comment by AdamH posted on
S Blakebrough - you'll need probate first to deal with her estate, which will include the property. Then have a read through our online short guide as to what to do next re thee property 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
Comment by Robert posted on
My father has passed away, I understand the process but there is a charge on the deeds to his house, it is my half brother who I've never met, it was a court ordered charge for monies owed, I rang the court that handled the case and they now have no information regarding the case, they advised me to reach out to him via social media or any other way to messege him (don't know where he lives or phone number etc, estranged for a long time) the problem is I've reached out to him through social media with no reply. The court advised they could remove the charge with agreement from the claimant. But what happens if I can't get in touch with him, how do I proceed
Comment by AdamH posted on
Robert - it's legal advice you need here but it reads as if you'll need to trace him to get it resolved/removed. A court tends to only get involved if the creditor is for example lost presumed dead so if that's not the case you may have to widen your search/use a tracing agency to track him down
Comment by Alex posted on
Joint owners of their property sadly passed away within 2 year period. The will is for the house to be sold, now there is no owners of the property is a family member still allowed to stay in the property. Probate has been granted however don’t feel the family member has the right to stay there for as long as possible to avoid the house being sold. Any advice at all please?
Comment by AdamH posted on
Alex = we can't advise you on the law re what rights a family member might have in such circumstances. We deal with the legal ownership and if the joint owners have died then that forms part of the estate for the last surviving owner. So his/her executor as named in the probate has the legal authority to now deal with that estate, inc the property.
Whether they do nothing or look to sell is matter for them usually but in accordance with any wills/wishes etc. But again we don;t deal with that aspect so very much legal advice around wills, probate and inheritance that you now require
Comment by Judy M posted on
Hello Adam,
I am the administrator and beneficiary (and was originally a financial contributor) towards the purchase of my brother's flat. He died (more than 2 years ago), we have Letters of Administration and I am now selling the property, which is under offer, hoping to complete before the stamp duty deadline expires. Things were delayed partly due to undertaking a lease extension - in my name as administrator – with an awkward freeholder.
For tax purposes it is beneficial for me to sell the property myself and use my CGT allowance, hence a transfer into my own name is required. My solicitor is cautioning against this, I believe citing HMRC and land registry issues. My accountant cannot see an issue from the HMRC perspective: we have good reason and an audit trail as to why the transfer is happening.
I would appreciate your comments from the land registry perspective and whether any request for such a transfer could be expedited?
Is it difficult for an individual to do is it best to leave it with the solicitor handling the sale?
Many thanks.
Comment by AdamH posted on
Judy M - the only issue would be the possible extra time needed to transfe first and then sell. If you have a confirmed buyer then that evidence can be submitted with the expedite request to at least get the first transfer looked at ASAP
If you are using a solicitor to transfer into your name then ask them to lodge it first and then request expedition
Comment by LisaW posted on
Hi Judy and Adam, I am in a similar position to Judy but a month on. We were previously advised to simply sell the property as personal representatives which we have commenced the process for. However I have now been advised that we (my sister and I) should be transferring the property to our names first before selling. I am really nervous now that even with a request for an expedited process to Land Registry that the transfer (AS1) won’t be quick enough and we will lose our buyer. Can you advise firstly how long the AS1 process will take (or more importantly how long it does take at the moment) and secondly you (Adam) referred to inclusion of proof - where might I find information on the best possible approach/what to send?
Comment by AdamH posted on
Lisa - please refer to our assisted guidance for help 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_
Comment by George posted on
Hello, I have a question . If a person owned a house and then they died and then the partner took over the estate however the owner had kids from a previous relationship are the kids entitled to that home also and the partner is not allowed to sell it without everyone consent ? And when the person also dies what happens to the estate? Does it go to the kids still ?
Comment by AdamH posted on
George - we register the legal ownership. Who inherits relates to the beneficial ownership so you need wider legal advice as to who inherits in the scenario you describe.
From a purely registration perspective if the registered owner dies then the property forms part of their estate and probate is needed for the executor to deal with it. Whilst properties/belongings can be inherited the legal ownership is dealt with differently to the beneficial ownership
Comment by SC posted on
Thank you for your help!
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.
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.
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
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
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
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
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?
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
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
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
Comment by Jane posted on
Thanks again.. we shall look into obtaining legal advice.
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?
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
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?
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
Comment by Ali Steer posted on
Jane, I am experiencing a very similar problem with my late partners estate. Have you managed to find a way of protecting the beneficial interest on the estate? I have spoken to several solicitors and none of them seem to know what to do!
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
Comment by AdamH posted on
Paul - the surviving owner is the one who would transfer the ownership to herself and the daughter, if that is what is required. Our online guidance explains how this may be done and you would submit an official copy of the death certificate or probate also. https://www.gov.uk/registering-land-or-property-with-land-registry/transfer-ownership-of-your-property
I would recommend seeking legal/financial advice as well to confirm what options are available to his widow and your daughter re their legal/financial interests in the property
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?
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.
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
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
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
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?
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
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.
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.
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?
Comment by AdamH posted on
JC - correct and no re the variation
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
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
Comment by SURYANA YASIN posted on
Hi Adam. I am purchasing a property for a client where the death certificate does not include a middle name but the title documentation does. Can we accept a statement of truth from the solicitor or the surviving registered proprietor that they are the one and the same or would we need to have either the title or the register amended.
Comment by AdamH posted on
Suryana Yasin - we can’t advise you on what steps you should take to verify that the person so named is one and the same.
From our perspective if we received an application from a conveyancer and there was an additional middle name on the register but not in the death certificate we are unlikely to take issue with it. Why? Because the expectation is that as a conveyancer you have satisfied yourself that they are one and the same, which will invariably mean you asking the seller/their solicitor to confirm/certify as you require. Additional names are treated differently to say a discrepancy in a surname.
If you are not satisfied then the option is to ask the solicitor acting for the seller to apply to update the register. We would then make an entry, if satisfied with the details provided, to add the alternative name and stating that the registered owner XYZ is also known as XZ.
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
Comment by AdamH posted on
Caroline - if you are using a form AS1 then you would put Assent in panel 4 of the AP1. The notes provided to assist with completing form AS1 explain how it should be executed. Please ensure that the witness details are legible https://www.gov.uk/government/publications/whole-of-registered-title-assent-as1/guidance-how-to-complete-form-as1
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.
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
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
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.
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
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
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
Comment by AdamH posted on
Ian - apologies but it is unclear as to how the proeprty has been registered. I would sugegst you use our online contact form to submit the specific details, inc title number, so we can check what the register currently states and link you to the appropriate guidance
https://help.landregistry.gov.uk/app/contactus_general/?utm_medium=newsletter&utm_source=govuk&utm_campaign=death_contact_page_to_contact_form&utm_content=web_page
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?
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.
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.
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?
Comment by AdamH posted on
Adie - work through our short guide on what to do and the guidance then links you to the forms needed. It is a postal applicaiton and there is a registration fee I'm afraid for when the forms are submitted. She will also need probate. 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
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.
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
Comment by Phil posted on
Your advice is much appreciated - thanks.
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.
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
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
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
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?
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
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.
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
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].
Comment by AdamH posted on
Gill - correct. The Transferor is the executor/administrator of the deceased owner
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?
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.
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
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
Comment by LAPT posted on
Thank you. That is very helpful.
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.
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
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?
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
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?
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
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?
Comment by AdamH posted on
Mike - you can check the current registered details online using the title number or property address as appropriate https://www.gov.uk/search-property-information-land-registry
If all three are still shown as being registered then you can use the form DJP to submit both death certificates for example
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?
Comment by AdamH posted on
Bob - that is correct and you will also need form AP1 if the property is already registered. Have a read through our short guide for a step by step appreciation of what is required 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
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
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
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?
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.
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
Comment by AdamH posted on
Alkesh - it's legal advice you need here but the first step is to apply for probate so you can deal with the estate. Once you have that then our short online guide explains how you can transfer the property into your name 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
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
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
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.
Comment by AdamH posted on
Mia K - very much up to the buyer and their solicitor I suspect. In my experience I would anticipate them wanting you to register the TR1 first https://www.gov.uk/registering-land-or-property-with-land-registry/transfer-ownership-of-your-property
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 ?
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.
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.
Comment by ianflowers posted on
Vicki - I am sorry to hear of your loss. Please see our guidance on registering property for the first time - https://www.gov.uk/registering-land-or-property-with-land-registry/register-for-the-first-time . If you have any further procedural queries, please do contact us - https://www.gov.uk/guidance/contact-hm-land-registry . If you are still unsure how to proceed, you may want to consider getting independent legal advice, for example, from a solicitor who can lodge the application on your behalf.
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.
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?
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
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.
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
Comment by Darren posted on
My father passed away last October , I have been informed by my brother that I am named in the will and that he applied to be executor and for probate and is also named in the will , as we don't talk even though he is executor and I believe I should be kept informed legally I am not .
I have found out that my late fathers house has been sold and all his belongings are with my brother including some that my father said I could have.
Do I have the right to be shown the will before the property is sold or informed by my brother and am I legally allowed to stop the sale as I am thinking of contesting the will although I haven't seen it but been informed that my brother is getting over £170000 and I am going to get £100000 .Also am I untitled to be shown bank account details when these were closed.
Your help will be much appreciated Darren
Comment by AdamH posted on
Darren - I'm sorry to read what is a difficult situaiton but this is very much something you will need legal advice upon re wills/inheritance matters and how an estate is dealt with. Probate is the key document regarding the legal authority to deal with the estate, inc transferring/selling the property. The issues however relate to how the executor has then dealt with the estate and what access you, as a beneficiary, should have to the will.
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)?
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.
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).
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?
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.
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.
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
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)?
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
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?
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
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?
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
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?
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
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.
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.
Comment by Brenda posted on
Hi AdamH
Thank you for your reply.
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 ?
Comment by AdamH posted on
Alan - we don't deal with the 'buying out' aspect directly so I would recommend seeking legal advice. As far as the legal ownership of the property is concerned then our short guide takes you through a series of Q and As to assist with identifying which forms/action are required to register the property in your sole name for example 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
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?
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.
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
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
Comment by Gary Rhodes posted on
Thank you so much for for that confirmation and the quick response.
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
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
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?
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
Comment by Simon posted on
Many thanks for your prompt reply Adam.
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
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
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
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.
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.
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.
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
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.
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?
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.
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
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.
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!!!
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.
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.
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.
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.
Comment by ianflowers posted on
You're welcome and thank you for the kind comments.
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?
Comment by ianflowers posted on
Hello. I am sorry to hear of your loss. If the property is in your late mother's sole name, then you would need probate in your mother's name. Please see https://www.gov.uk/update-property-records-someone-dies for the general procedure.
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
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.
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?
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.
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
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 .
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
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.
Comment by Karaleena Green posted on
Thankyou very much, I am most grateful and may well consult CAB concerning this issue ! K
Comment by ianflowers posted on
You're welcome.
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?
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
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?
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.
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
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 .
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
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
Comment by AdamH posted on
David - we cannot advise you on what you should do here and I would recommend that you and the other beneficiaries seek wider legal advice as to how best to deal with the property and protect each of your interests in it. There are a few ways that such matters can be dealt with and our short guide explains how each might be registered 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
But it is important to have that wider advice/discussion before deciding on how best to register the change of ownership and protect each interest
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?
Comment by AdamH posted on
Phil - we do not register the will or any variation. If you wish to transfer the legal ownership from your sole name to that of yourself and your children then our online guidance explains how this can be applied for and registered https://www.gov.uk/registering-land-or-property-with-land-registry/transfer-ownership-of-your-property
I would though recommend that you and the children seek legal advice as to what options are available and which might be the best in order to protect each interest
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.
Comment by AdamH posted on
Zoe - if there is a surviving joint owner then they will be key to deciding what happens next re any change to that ownership. Have a read of our short guide and then discuss what happens next with the surviving owner. I would also recommend that you both seek legal advice to ascertain how best to protect your interest as appropriate
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
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?
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
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.
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
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.
Comment by AdamH posted on
Suet - we do not deal with CGT I'm afraid so cannot advise you. I'd suggest researching wider online or contacting HMRC for example
Comment by SueL posted on
AdamH - Yes, sorry my question was not so much about CGT but related to transferring the property registration into our 3 names before any sale/marketing process starts or if it can be done by solicitor during the conveyancing process.
Comment by AdamH posted on
Suet - if you wush to transfer it into 3 names before selling it then you can with the executor transferring it by way of an assent to the beneficiary. Work through our short guide for more details and a link to the forms 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
Or link to them from the blog article itself
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
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
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
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
Comment by Gary Rhodes posted on
Thanks Adam for the quick response
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.
Comment by AdamH posted on
Paul - we deal with the legal ownership so if it is to be transferred to your joint names then your Mother will need to transfer it to the two of you
https://www.gov.uk/registering-land-or-property-with-land-registry/transfer-ownership-of-your-property
We do not not life interests and indeed the register is not definitive re how it is held, namely as tenants in common for example. In the circumstances I would recommend discussing how best to protect the life interest/trust by way of a formal deed for example and then deciding whether that should be reflected on the register for example by way of a restriction. Our online guidance may be of some assistance but it is legal advice you need here. https://www.gov.uk/joint-property-ownership
Comment by Paul posted on
Thanks very much Adam.
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
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.
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
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
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?
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
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.
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
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.
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
Comment by Jacqueline posted on
Hello,
My uncle recently passed away. He was a British subject. The executor of his will is a cousin who resides in England. My sister and I (each a third inheritor of his estate along with our executor cousin) reside in North America. Our cousin has told me, after my buying a $1000 plane ticket and taken 3 weeks holidays off work, that I am not allowed into our uncle's home due to legal and insurance reasons. I was to clean the house for three weeks and prep the garden for sale. Now I will be stranded in England with no where to stay for three weeks and nothing to do.
Is this a normal practice? I am shocked that every single thing dealing with the house, cleaning, boxing items, gardening, lands upon just one person and no one else can help. Many thanks for any response.
Comment by ianflowers posted on
Hello. I am sorry to hear of the difficulties you have experienced. I should explain that we have essentially have an administrative role in registering ownership once an application has been made to us and have no involvement in the legal process for probate. Please see https://www.gov.uk/wills-probate-inheritance for general information. You also may want to consider getting some independent advice, for example, from Citizen's Advice (if appropriate)- https://www.citizensadvice.org.uk/family/death-and-wills/ or a legal professional, such as a solicitor.
Comment by A Graham posted on
My Mother and Father are Tenants in Common. They each own 50% of the property. My Mother recently passed away. In her will she left half of her property to her three children in trust. Which forms are required to be sent to the Land registry to notify them of the change in ownership?
Comment by AdamH posted on
A Graham - I am sorry to read of your recent loss. Leaving a 50% share does not change the legal ownership. If they were joint registered owners then the legal ownership has passed to your Father. If that legal ownership is yo be changed then he will need to transfer it to himself and whoever https://www.gov.uk/registering-land-or-property-with-land-registry/transfer-ownership-of-your-property
I would recommend that you, your Father and the children seek legal advice as to what options are available and how best to protect each interest
Comment by tina rhodes posted on
hello
in 2009 i and my soon to be husband had to take out a mortgage to buy my first husband out, the mortgage company would not do it just in my name because i was not earning enough,we went has tenants in common at 75/25 to him because he was the one that was suppose to be paying done through the banks solicitors, we then married in 2010 in 2014 he stopped paying for mortgage and started to spend on other women, i got in touch with mortgage and made sure i was not getting behind with paying and have been paying since, in feb 2016 he took is own life, we was 5 days from divorcing , has far has i know he did a will but did not include me, i do not have the money to seek legal advice as well as pay for mortgage, what do i need to do in regards to his death at land reg thank you for any advice and help on this matter,
Comment by AdamH posted on
Tina - I am assuming the property is registered in your joint names and if you wish to update those details you can complete and submit the form DJP the article links you to along with an official copy of his death certificate. https://www.gov.uk/government/publications/deceased-joint-proprietor-djp
If you registered a form A restriction on the title to reflect the TIC you refer to then this may be something you also need to consider. Our PG 6 section 7 explains this in more detail but it is a complex subject to understand fully https://www.gov.uk/government/publications/devolution-on-the-death-of-a-registered-proprietor
You will need wider advice to understand what has happened to his % share as a result of his death. If oyu cannot afford a solicitor I would recommend contacting your local Citizens Advice Bureau for assistance.
Comment by tina rhodes posted on
thank you for that info adam ,I have already informed the government web about the death, would i still need to send another to land register? can i legally get is name removed of it?would i need to alter the fact that we married also ?
Comment by AdamH posted on
Tina - as we register land/property we are not linked to the 'Tell us once' process under Gov.uk so we would need a formal applicaiton to update the register. If you have changed your name on marriage then you can use a form AP1 and submit official copies of both the death certificate and marriage certificate instead. Complete panel 4 to refer to Death of Joint Proprietor and Change of Name on marriage https://www.gov.uk/government/publications/change-the-register-ap1
Comment by OD posted on
My mum passed away in Dec 2016. My dad and i are now administrators of her estate as she was the sole proprietor. My dad has agreed for me to take full ownership of the property. Is this just an AS1 form?
Comment by AdamH posted on
OD - AP1 and AS1 will be needed along with an official copy of the letters of adminsitration. Have a rea dof our short guide for more details 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
Comment by OD posted on
Thank you so much!
Comment by PM posted on
Hello,
My wife passed away in September 2017. She owned her own house and it is rented out. She has left this house 50/50 to her son and daughter in her will. I am the Executor, I applied for Probate and Probate has been granted.
The house is probably entered in her maiden name, does this make any difference? The Death Certificate mentions her maiden name and her married name.
Do I now fill out AP1 or AS1 and is it fairly easy to do or would I need any advice? Thanks for your help.
Comment by AdamH posted on
PM - the article and our short guide take you through what forms oyu need and how to submit an applicaiton if the proeprty is registered and is to be transferred to her son and daughter. https://help.landregistry.gov.uk/app/contactus_bereavement?utm_medium=GOV.UK&utm_source=govuk&utm_campaign=death_contact_page_to_guide&utm_content=web_page
If that is to happen then you will need forms AP1, AS1 and ID1 verification for any party not named in the probate as the executor. I would suggest submitting an official copy of her marriage certificate as well to confirm the name variation
It can be a fairly easy registration process and any complexity comes from how her estate is dealt with and discussing options around how best to then deal with the property and how legal ownership may impact on the son and daughter.
If you are unsure then I would storngly recommend seeking legal advice/assistance
Comment by PM posted on
Thanks Adam for your speedy and comprehensive advice.
Comment by Jayne Robins posted on
Hi
My husband died last year, he left a will leaving everything to me his only family and because I am not yet able to afford to get all the valuations as he had some debt I have not yet applied for the probate. He had a rental house in his sole name with a mortgage which was rented out. I’ve been paying the mortgage using the rent money and the bank have been kept informed and are fine with it. The tenant is now moving out and I need to get a new tenant. Can I draw up a lease for the new tenant in my name even though I have not finalised his estate yet or do I have to wait for probate? The bank have given permission but I want to make sure that I’m legally allowed to. I have all the necessary landlord licences etc as I have my own properties that I rent but this one is still in his sole name.
Comment by AdamH posted on
Jayne - it's not something we can advise you on I'm afraid and it's legal advice you really need here. If the lease will be registerable then it has to be granted by the legal owner and in my experience that would mean you needing to obtain probate and then transfer the freehold ownership into your own name. If the lease is for less than 7 years then it most likely won't be registerable so that takes it outside of our remit also.
Comment by Tanya posted on
Hi,
My Mum died recently, I have found a will on which it states I am executor and sole beneficiary of the Estate. The estate consists of one property which my husband, myself and my Mum were tenants in common. My Mum also had another house, but having checked the land registry this was still registered in my deceased Dad's name. I don't understand why as we instructed solicitors to sort out his estate as he died very suddenly and it was very difficult. Just need some as advise as to what to do.
Thanks
Comment by AdamH posted on
Tanya - I am sorry to read of your recetn loss. We can only offer advice on how changes might be made to the registered details. In the case of the jointly owned first property you can apply to update that register using the form DJP linked to in the article and submitting it along with an official copy of either her death certificate or probate.
With regards the second property, if that was owned solely by your late Father you will need probate for him to now deal with it and then transfer it by way of an Assent to the beneficiaries as appropriate and as explained in the article.
Our online short guide may assist if you apply the Q & As to each scenario 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
Comment by Victoria Line posted on
I am the executor of my Mother's estate. Do I have to transfer title to me and/or siblings OR can I sell in my capacity as executor when the time comes?
Comment by AdamH posted on
Victoria - a buyer can accept probate as the authority to sell so in many cases it is not necessary to transfer the legal ownership before selling
Comment by SECB posted on
Hello
Our mother left my sister and I two properties, both of which are recorded solely under her name with the Land Registry. My sister and I are her executors and we have probate. We are not using solicitors.
Her Will states that we are equal beneficiaries and wanted one of the properties to go to me and the other to my sister.
Am I correct in thinking that we need to complete a Form AS1 and Form AP1 for the transfer of the first property to me and a separate AS1 and AP1 for the transfer of the second property to my sister?
Also, I am not sure if this can be done online or whether we would need to send everything by post.
Please could you advise?
Many thanks
Comment by AdamH posted on
SECB - that is correct re two separate applications using forms AP1 and AS1. You can only submit them by post
Comment by SECB posted on
Thank you
Comment by ailsa posted on
My mum died recently and my sister and I are the sole beneficiaries and inherit her house. We have the original deeds and have also the grant of probate, but the property was never registered . Do we need to register the property and put it in our names to be able to sell? If obligatory by law what forms do we need and what is the cost?
Thank You
Comment by AdamH posted on
Ailsa - it is not obligatory by law but in my experience a buyer may not be happy to complete whilst it is unregistered. Much will depend on their solicitor and how they view the situation/original deeds.
If they insist that you register it first then you would need to Assent the ownership as per the article guidance but also refer to Practice Guide 1 re how to register for the first time. https://www.gov.uk/government/publications/first-registrations
The Assent will trigger the need to register and you should refer to PG1 and forms FR1 and DL instead of the AP1 referred to in the blog article
Comment by Ailsa posted on
Thank you Adam I have been advised legally that if I apply for first registration using FR1 and DL as representatives we can then sell the property. We are both executors would we both need to make aplication or can I act alone as my sister isn't easy to pin down. Do I need is as we have great of probate? Thanks
Comment by AdamH posted on
Ailsa - if you are both named in the probate then you would both need to be registered. You should be able to complete the application yourself though
Comment by Ailsa posted on
Thanks again I spoke to conveyancer yesterday and was advised we don't have to complete AS1 all we need is FR1/ DL not sure about ID as we are both on grant of probate. I am very confused because he told me we could keep the property in my dead mum's name. Is that true or do we need to register and transfer to sell.
Comment by AdamH posted on
Ailsa - you need to rely on your legal advice here. If you do not transfer the ownership then we would consider the application as requiring us to register the ownership in your names in your capacity as personal representatives. We would not register it in your late Mother's name but would consider adding your names and adding 'as Executors of [name of mother], deceased'.
Where a property is unregistered and is being sold by the executors a buyer will often ask for it to be registered first. In my experience most will transfer the ownership to the beneficiaries who are then registered and able to sell. Applying to register it in your names as personal representatives in this case is in effect the same thing and either application would trigger the need to register for the first time.
We would not generally require evidence of identity for any party named as executor in the probate.
Comment by Carol S posted on
Our mother died last year and left her property to my brother and I in her Will, the house deeds are in her name
We don't want to sell the house for some years, can we transfer the deeds to be jointly in my brother and my name. Thank you
Comment by AdamH posted on
Carol - you can. You will need probate and the executor(s) can then transfer the registered title to the beneficiaries as explained in the article using forms AP1 and AS1.
Comment by Carol S posted on
Hi Adam... Thank you for your quick response. As we have never dealt with anything like this before can I therefore just clarify please
1... We apply for probate
2....As we are executors we then fill in forms AP1 & AS1
Thank you again it's appreciated
Comment by AdamH posted on
Carol S - as there is a property involved you will need probate and the transfer would then be done using forms AP1 and AS1. Our online short guide may be of some help re the registraiton requirements https://help.landregistry.gov.uk/app/contactus_bereavement?utm_medium=GOV.UK&utm_source=govuk&utm_campaign=death_contact_page_to_guide&utm_content=web_page
Comment by Carol S posted on
Thank you very much Liam. You have been very helpful
Comment by Carl posted on
My sister passed away 4 years ago intestate with no will. My father her next of kin was granted letters of administration. My sisters property was mortgaged and had capital in it that she paid as deposit. My father was unable to take over the mortgage due his age was it was agreed he could continue to pay the existing mortgage as pers reps. I am now in the process of having the property transferred to me. My father with letters of administration has instructed a solicitor to create a deed of variation that turns me into the beneficiary of the property. This deed has been signed by all parties with an interest and is complete. The next stage I am having great difficulty understanding. Does the property now need to be assented by my father to myself (AS1), or transferred (TP1). The mortgage provider has advised they can do a TOMP (transferred of mortgage property) but only once I am the pers reps of the current mortgage. Does this mean I will need to be named title holder first by either assent or transfer or does the mortgage provider need to agree to the title being put in my name? Very confusing any help would be much appreciated.
Comment by AdamH posted on
Carl - it reads as if it is a confusing situation and there is a limit as to what we can really assist you with as it reads very much as if you both need legal advice/assistance. Deeds of variation, in the context you refer to, generally relate to the will/probate and not the legal ownership.
We register the legal ownership so if the property is registered in your late Sister's sole name, your Father is the Adminstratoir of her estate, and you are now the beneficiary then he can transfer it to your by way of an Assent (form AS1). The application would be made using form AP1 and an official copy of the letters of administration would also be required. You, as the beneficiary would also need to have your identity verified. He would not as he is named as the administrator.
The blog article and our online short guide cover the registration requirements https://help.landregistry.gov.uk/app/contactus_bereavement?utm_medium=GOV.UK&utm_source=govuk&utm_campaign=death_contact_page_to_guide&utm_content=web_page
If there is an existing mortgage it is veyr likely that the lender will have to consent to you becoming the legal owner and taking on the mortgage. They are also likely to insist that you use a solicitor. But you would need to clarify that with them.
Comment by Nirvikalpini posted on
My two uncles and aunt are tenants in common of a property (equal shares) . One of my uncles has passed away leaving his share to his two daughters. The other uncle is strongly suggesting to my aunt to add his friend as a new transferee using form TR1 for the 'purpose of giving effect to the appointment of a new trustee' and that this friend has no beneficial interest. I understand that the properties registered ownership does not necessarily reflect the beneficial ownership ( as in this case ) however as an adviser to my elderly aunt I would like to understand in what ways adding this new trustee to the land registry now would effect her ( and/or her brother's daughters ) in relation to selling/managing the property either now or in the case of her brother's death. Thank you
Comment by AdamH posted on
Nirvikalpini - from a registration perspective such a transfer would place the legal ownership in the three of them. As such any sale would need all three to execute the transfer for example. How that effects the 'management' of the property would ot be a registraiton matter. How the change effects your aunt is not something we can advise you on and it is very much legal advice you need here as to it's impact an both her and the beneficiaries of the deceased's beneficial share
Comment by Nirvikalpini posted on
Thank you for your quick response. We will seek legal advice
Comment by john tanner posted on
A quick question because I seem to have got myself confused! My mother has died and left a property. I am a beneficiary and I am the executor with probate. Do I need to transfer the title into my name before I sell the property.
An extra detail is that I believe, but do not know, that the property was held in joint the names of my mother and my father but my father died some 20 years ago and I am uncertain if it got transferred into just my mother's name
Comment by AdamH posted on
John - generally speaking you don't need to transfer the ownership before selling. The buyer cna often rely on the probate as evidence of your authority to do so. If it is registered then you should check the registered details. If it is not then the deeds should confirm if jointly owned or not
Comment by john tanner posted on
Many thanks for your very quick reply.
I downloaded a copy of the register and on that both my parents are detailed. As my father died some 20 years ago and my mother has only just passed away do I need to get it registered in either her name only or in my name in order to sell or does it not really matter?
Many thanks for your help in this
Comment by AdamH posted on
John - it should not matter if registered as you can demonstrate how oyu can sell by providing your Father's death certificate and your Mother's probate.
Comment by john tanner posted on
Adam
Many thanks
John
Comment by Karen Harris posted on
Hi there, my partner died in 2007 and left the house to me, I never transferred the house to my name but everything was done properly with probate, my question is I now want to sort out my affairs and put he house in my name will I have to pay inheritance tax now as the house was a lot cheaper in 2007 well under the inheritance tax rules.
Karen
Comment by AdamH posted on
Karen - we do not deal with IHT and I would recommend you contact HMRC or seek wider legal/financial advice
. Online forums such as Money Saving Expert oiften air and discuss such matters also
Comment by Anuj Datta posted on
Hi - I have come across a piece of land that I wish to purchase so that I can self-build my family home. From the land registry title deeds (obtained through the online service), it appears that since 2007 two of the co-owners (also now passed away RIP) raised a caution stating that all of the other interest parties have so far could not been located.
Could you please advice on my next steps?
Many thanks
Comment by AdamH posted on
Anuj - you will need legal advice as to any available next steps. We can provide the registered details but we cannot advise you on how to complete a purchase for example, locate interested paries or how the law deals with land/property where the owners have died in these circumstances.
Comment by Joan L posted on
Hello,
My mother was the sole owner of the house that she and my father have been living in. She died last year and has left the house to my sister and myself, my father is still living in the house. We are happy for him to continue doing so for as long as he wants to, do I need to do anything regarding transferring paperwork etc. at this stage?
Best wishes.
Comment by AdamH posted on
Joan L - it is really up to you whether you do anything at this stage. Our online short guide explains what you can do if you wish to transfer the legal ownership for example 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
Comment by James posted on
My mother and father bought a house in 1955 and are jointly named on the deeds. My father died in 1991 and my mother carried on living in the house until her death in December 2017. My mum didn't change the deeds when my father died or register the property with the Land Registry. My mother left the house in her will to myself and my two sisters. She also left a part of the land to me alone. I now have Probate as executor. We don't want to sell the house at the moment and I don't want to sell the piece of land which was left to me. Which forms do I have to fill in to get the two parts of the property registered with the Land Registry in the first instance. Thank you
Comment by AdamH posted on
James - you will need forms FR1 and DL to deal with the first registration aspect https://www.gov.uk/government/publications/first-registrations
Form AS1 is then needed to transfer the ownership into the names of the beneficiaries. The blog article explains how to do this or you can refer to our short guide for guidance. Whilst you do not need to use a solicitor we always recommend that you do 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
Comment by amanda barlow posted on
Hi I am in a similar situation BUT , I am buying my late father's unregistered property. My brothers and I have and always have had an always will have an excellent relationship, we have agreed that i will buy the house from my late father's estate.
We agreed a sum of £53K to go to each brother which I will gift to them to 'buy them out' (as in they receive their inheritance from the property.)
Can I register the property in my name, which will be first registration? I have been provided with the forms FR1 and DL, but I do not understand the question about "Disclosable overriding interests affect the estate." is this my brother's interest in the estate/house. Also do I require a ID1 form for both my brothers,
Only one brother is named as executor on the will and probate from.
Comment by AdamH posted on
Amanda - the transfer by the executor to you will trigger the need to register for the first time. Our PG 15 explains in more detail what OIs are and which to disclose https://www.gov.uk/government/publications/overriding-interests-and-their-disclosure
ID1 will be required for you alone if you are the transferee. Your executor brother doe snot require one as he is named in the probate. Your other bothers are not a party to the Transfer or application so ID1s do not apply
Comment by SG posted on
Sorry not sure how to ask question. Very similar to above my mum died and dad died 3 months later. Brother lived with them so we all agreed for him to live there even though the house was left to the 4 of us 25% each. My other brother who was executor as well as his wife has told me he doesn’t have to change their names on the registry or deeds to ours as he has the probate and because they had will and their deaths registered that we all all covered if we decide to sell the house. Is this correct or should he fill in any forms etc as we were told it’s all on computer when it foes to probate so we don’t have to do anything. He didn’t use a solicitor as he was executor and was sorting it. I’m about to make my will if I leave 25% of my share to my family on the event the house is sold where do we stand if he dies before house is sold as he is executor and also brother living in the house could out live all of us as he is youngest. Does the executor need to inform land registry or are they informed with the probate ?
Comment by AdamH posted on
SG - I’m sorry to read of your losses. There’s a limit to what we can advise you on as there is no direct link between the Probate service and HMLR. But I’ll share what I can which I think may assist.
If the property was registered in their joint names then after Mum’s death the legal ownership passed to Dad.
On his death the property formed part of his estate and probate would be needed to say sell it or transfer it to beneficiaries.
There is no legal requirement to update the register as the deaths and probate are all factual. The probate being on computer doesn't affect the land register but they are both still named on it. So if the property were to be sold a buyer would check the register and then your Mum’s death certificate and Dad’s probate to confirm both deaths and who had the legal authority to sell/transfer.
How you, your will and family stand is not something we can help with. I imagine you can allow for your 25% share but how you do that is not our area of expertise.
If the executor dies then such matters can be dealt with by way of a chain of representation, so in essence the executors executor then deals with matters.
So my advice would be for all of you to consider how matters now stand and what can/should happen in any possible scenario. As far as the property/legal ownership is concerned we won’t update that until after the executor does something with it. Hope that helps.
Comment by SG posted on
Thank you very much for your reply. Would it be simpler to just inform the land registry then if anything happens to any of us it will already be part of each of our estates ?
Comment by AdamH posted on
SG - no as we deal with the legal ownership rather than what you do with the beneficial ownerships/%s hares and wills etc. What happens to the registered legal owners matters to us when dealing with the title. What happens to you and siblings doesn’t matter in the same way, sorry.
You have, from the points and Qs made, an understanding of that so my advice would be for you all to discuss how things are now set up and what’s the best way to deal with matters. Be tha5 leave as the executor states, formalise things in some way re wills/trust etc and/or whether the legal title is best updated/changed in some way. It’s only the latter which would then involve us if an application was made.
Comment by Lee K posted on
My step mother died in September last year, she jointly owned a property with my father there was no will and no probate so the property therefore went to my father. Sadly my father died in April this year, I did not deal with the affairs of my step mother but I am fairly sure no notification was give on form DJP , unless this is done automatically somehow. My question is as I am now applying for grant of administration and probate will I need to get the DJP completed prior to dealing with the estate or can I , as I envisage from previous comments, complete the forms for both parties now, or indeed do I need to complete for step mother? Thanks for your assistance.
Comment by AdamH posted on
Lee - if the property is registered in their joint names then the legal ownership passed to your Father. If the register is to be updated you will have to account for the death of your step Mother by providing an official copy of her death certificate. For example if you are selling the buyer will need her death certificate and probate for your late Father.
Comment by gills posted on
Please advise if all executors are required to sign the TR1 or is it acceptable that one executor can transfer (for value) the property. Thanks for your assistance
Comment by AdamH posted on
Gills - it would be all
Comment by jane posted on
Please could you advise as I have got myself a little confused, re the correct amount to enter for the consideration? Value of our late mother’s estate is property of 90,000 and money of 44,000, so no inheritance tax payable. We are have both agreed that, as my bother wants to keep the property, I will have his 50% share of money plus 24,000 in cash payment from him to balance out the values. Also I’m not sure what the consideration amount should be. Is it 45000 (50% of the independent valuation) or 24,000 which is the cash amount he is paying. Can we use an assent form AS1 as it is to a beneficiary or is the transfer TR1? Plus AP1.
Many thanks, just reiterate what others have said in stating what a brilliant site this is.
Comment by AdamH posted on
Jane - any consideration would normally be what is being paid as you are in effect paying him for his share in the property. You are in effect going one step on from the transfer by the executor to the beneficiaries, which would be where AS1 was used, so the AP1 plus TR1 is the correct route to choose. We would also need forms ID1 for anyone other than the named executor(s) in the probate
The blog article is written to assist people delaing with property following a death. However enquiries are best submitted online through our contact form or you can self-help using our online short guide https://help.landregistry.gov.uk/app/contactus_bereavement?utm_medium=GOV.UK&utm_source=govuk&utm_campaign=death_contact_page_to_guide&utm_content=web_page
The blog allows for comments and Qs to be raised and that is quite natural
Comment by jane posted on
Thanks Adam,
We can now finalise the paperwork relating to our late mothers estate.
Comment by chinya posted on
When someone dies who owned a property as Tenants in Common leaves their portion to a daughter/son of the executors are granted probate can the Land Registry be updated without the surviving owner.
The child will not inherent until they are 25 so will be put in a trust over seen by the executors.
Comment by AdamH posted on
Chinya - on death of a joint owner the legal ownership passes to the surviving owner. If it is to be transferred to someone else at any stage then that sole surviving owner will need to transfer it and be involved
Comment by Deb posted on
My father in law died. He had recently remarried. His will stipulates his surviving spouse may live in the house until she dies at which point it passes to his son from a previous marriage. It also allows that if his wife wishes to move to a smaller property she may do so by his son selling the house and buying her another property. The remaining proceeds from the sale are then to be put in trust for the son until after the wife passes. His wife now wishes to move into a new home which her new partner is purchasing. She wishes to rent out the house. Can she legally do this? Is the house technically hers at the moment?
Comment by AdamH posted on
Deb - you need legal advice as to what either party can or cannot do. From a purely registration perspective if the legal ownership was owned by them jointly then it has passed to her as the surviving owner. Any sale, remortgage or lease for example would be completed by her but I assume that the son's beneficial interest will have some impact - that is where the legal advice must come in and also cover whether renting it is contrary to the trust
Comment by chinya posted on
Thank you for the reply.
Does this still apply if the person that died severed ties in the property?
Then could the executors simply fill a DJP form accompanied with a Death Certificate to remove the name of the person that passed away.
At the same time complete an AP1 form to add Executors on behalf of the Beneficiary, who would also had been added to the registry?
I assume the executors might have to complete an ID1 form?
Many thanks
Comment by AdamH posted on
Chinya - anyone can update the register re the death using form DJP but they can't add someone else. As posted if the legal ownership is to be changed then the surviving owner will have to transfer it
Comment by chinya posted on
Just to clarify. The surviving owner has to add the name of the beneficiary and does not need to include the executors name. The trust has nothing to do with the register and is something completely separate. No need to log a restriction?
Many thanks
Chinya
Comment by ianflowers posted on
Chinya - I'm replying as Adam is currently unavailable. You indicated initially that the original owners held the property as tenants in common, in which case a trustee restriction will usually already be subsisting in the register in accordance with the duties of the trustees. Our blog - Legal estates and beneficial interests may be of interest and this gives further information on what can be a complex area - https://hmlandregistry.blog.gov.uk/2016/08/16/legal-estates-beneficial-interests-whats-difference/ .
But yes, the surviving owner can add the name of a beneficiary themselves by way of a Transfer of ownership, for example, to reflect the terms of a trust. A trustee restriction in the register will usually only limit or control the power of the surviving owner(s) to sell the property.
Although we can give general procedural advice, we cannot advise as to what action take in your case. So if you are in any doubt we would suggest considering seeking independent legal advice, for example, from a conveyance such as a solicitor.
Comment by chinya posted on
Thank you for the reply and the link.
Comment by S Singh posted on
My father passed away leaving his house to my mother. It was in his name alone. I need to transfer the house into my mother's name. I am the executor of the estate and have a grant of probate. Due to my mother being unwell I have a power of attorney to look after her affairs including dealing with this transfer.
Which forms do I need to complete?
Do I need to complete any ID forms as well?
Comment by AdamH posted on
S Singh - the article links you to the forms AP1, AS1 and ID1 you will need. Do read the linked guidance and completion notes for the AP1 and AS1 as well. Form ID1 and identity verification will be needed for your Mother but not you.
Comment by S Singh posted on
Thank you
Do I sign the ID1 on behalf of my mother in light of the power of attorney?
Comment by ianflowers posted on
Hello. I am replying as Adam is currently unavailable. No, the ID form would need to be signed by your mother and the verification aspect would be in respect of your mother rather than you as attorney. But we understand it may not be possible to provide form ID1 for a person who lacks capacity - where this relates to an enduring or lasting power of attorney, we would require proof that your mother lacks capacity, such as a letter or report from a medical doctor. This would be considered once the application is lodged with us for registration.
We would also need evidence of your appointment and powers as attorney.
Comment by Rachel walker posted on
I have inherited a property I have probate and wish to put in my name but I need to raise a mortgage to solely own the property as my late father equity released some funds leaving a charge on the property so does this mean I fill out ap1 and as2 and I'm unsure of what I wright in panel 4 for the application as it's not just an assent it's a purchase as well so do I make more than 1 application and would I pay scale 1 or 2 fees value of house 240,000 mortgage raised 80000 I plan to live in the property many thanks
Comment by AdamH posted on
Rachel - AS2 would be used if your late Father was the charge owner and that does not seem to be the case here. You seem to be wanting to transfer the ownership to yourself as executor to beneficiary, so form AS1 is the correct form along with an application form AP1. The registration fee for that application would be payable under Scale 2 on the current market value of the property
You are not buying it but you are then looking to mortgage it to pay off the charge. So you can either transfer it first and then apply for a mortgage and release the charge. Or do that alongside your AP1/AS1 application.
I'd have a word with your mortgage lender first and see whether they have any requirements re how this is done
Comment by HarryK posted on
My mother and father had mirror wills.
Each to become sole executor and beneficiary of the other upon 1st death.
My brother and I were to be co-executors and co-beneficiaries upon 2nd death.
The house was in my father’s name and he passed 10 years ago.
My mother got probate after my father’s death.
My mother did not get around to registering the house in her name.
She has now passed.
My brother and I now have probate for my mother’s estate.
Which form do we need to fill in? AP1 & AS1?
I presume we need to send official copies of both probate documents off as this will make everything clear?
Comment by AdamH posted on
Harry K - AP1/AS1 is correct and we will need official copies of each probate. The key is that they then show a chain of representation so probate for Father names Mother as executor and probate for Mother then names you both as executors
Comment by Guy B posted on
My Dad has left his share of the property to an Interest in Possession Trust
with my Mum as the life Tennant set up on his death. Mum and myself are
joint trustees and are also registered proprietors of the property as tenants in common. I have removed my Dads name from the register using DJP.
My Question is: What needs to be done to recognize this change in beneficial interest as the Trustees now own his share but the Trust holds the beneficial interest.Does this need a transfer form or JO form to declare the new trusts interests or additional restriction to the current form A ?
Comment by AdamH posted on
Guy B - you will need legal advice as to what 'needs' to be done. Whilst we can advise on how to register/protect an interest under a trust we cannot advise you on whether it is needed/necessary for example.
We register the legal ownership and whilst the beneficial ownership can result in additional entries being made, such as a form A restriction, we do not detail the $ shares or otherwise.
I would recommend reading our PG 24 and then getting some legal advice as to how best to protect the various interests involved https://www.gov.uk/government/publications/private-trusts-of-land
Comment by Guy B posted on
Thanks Adam, I have read practice guide 24 and obtained some legal advice
but this has not made clear the correct procedure to follow in this case.
I believed that if I used Form JO to make a Declaration of Trust to show the Beneficial interests and entered a Form B restriction relating to the Trust, this would establish the existence of the trust to the Land registry and protect the third party interests. I also believed it would be unnecessary to conduct any transfer as the trustees already hold title to the property.I am not sure what happens to my Dads share as I have just removed him from the Title register.I understand your involvement is mainly in establish legal title to property rather than beneficial interests. I would appreciate any help as the advice I have received is not clear on what actions need to be taken
Comment by AdamH posted on
Guy B -form JO would only be used with forms AP1, FR1 or ADV1 so it would not be used with say form RX1 if you applied to register a form B restriction.
We do not record or register the specific details re the beneficial shares or %s involved. Those details may, but not always, be included in forms submitted e.g. form TR1 when joint owners buy a property
Your Dad's share still exists but much depends on how it is now to be held and by whom but it essentially forms part of the trust already created.
We cannot advise you as to whether a form B restriction is required - the PG 24 explains the registration requirements but we can;t then advise you on whether the trust needs to be amended in any way, a restriction registered (or not) or indeed whether the legal ownership should be transferred. The correct procedure will be decided upon how the trust has been set up and what has happened to your late Father's share but again these are not matters we can advise you on. I would recommend speaking to the solicitor who advised re the trust/wills for example as to what action is required and whether that means an application to update the register in some way is then recommended
Comment by Guy B posted on
Thanks Adam,can you confirm who owns legal title to my Dads share of the property now he is deceased ?
Comment by AdamH posted on
Guy B - the legal ownership passes to the surviving registered joint owner(s). The legal ownership cannot be split into shares in the same way as the beneficial ownership can. So any transfer of the legal ownership is done as a whole.
Comment by Guy B posted on
Thanks Adam, Do changes in beneficial interest need to be registered with the land registry or can they exist in other legal documents held by the property owners ?
Comment by AdamH posted on
Guy B - they rarely need to be registered and often the details can't be. In my experience changes made re the beneficial shares in the case of say a trust deed are private to the parties involved. The register can refer to the restrictions the trust may place on the owners but no details are included
Comment by Emily posted on
I have lived with my grandmother for 21 years I now have a daughter and my grandmother is my guardian. My grandmother is the home owner and has paid of all her mortgage.
If she was to pass away would I have any rights to the house as we both live here with my daughter.
I don’t know if she has a will or who is in the will either
Comment by AdamH posted on
Emily - very much something you need to get legal advice upon. We register the legal ownership and any changes that may result but how the law views such matters is one for a solicitor to advise you on
Comment by rm posted on
Hi
I am the executor of my late fathers will(& have probate) , the will leaves the house in whole to my mother. (My father was the sole owner)
In panel 4 do i write ' Transfer by assent' as the application type?
In Panel 6 do i write both my mother's and alsomy name as the applicants or only my mother?
In Panel 14 am i the Transferor and my mother the transferee?(i'm not using a conveyancer or solicitor)
Many Thanks
Comment by AdamH posted on
rm - panel 4 can simply refer to Assent; panel 6 should refer to the person being registered as the new owner, so just your Mother; you are the Transferor and your Mother is the Transferee
Comment by rm posted on
Hi AdamH
thanks for your help its greatly appreciated.
Comment by randhir mahal posted on
Sorry Adam , one more question . On a form AS1 box 12 execution , in my case would this be signed by both myself (the transferor) and also my mother ( the transferee)?
Many Thanks
RM
Comment by AdamH posted on
Randhir - all named parties should execute the AS1. See the linked notes re completing the form AS1 for full guidance
Comment by Jen posted on
Ive been left a share in my fathers property i want to buy out the other beneficiaries. I have grant of represntation but some are under 21 and I have been left as their trustee. Do i need to add there name to the deeds or can i have the deeds moved to my name and then take out a mortgage to pay off the older people? I plan on releasing equity when each of the children turn 21 to provide there share.
Comment by AdamH posted on
Jen - anyone under 18 can't be added as a legal owner. Whilst the legal ownership can be transferred to a sole name and the beneficial shares dealt with as and when and how we can't advise you on the best way to deal with such matters. If the property is registered in his sole name then as executor you can transfer the legal ownership as the blog article explains. The beneficial interests of the others can be dealt with in other ways but I would recommend getting legal advice as to what options exist before deciding how to proceed
Comment by Aleisha posted on
My gran died 2014, she was a joint tenant with her husband who has since died he never changed the deeds into his sole name and he has no children but my gran has 3 surviving children. Who would now own the house?
Comment by AdamH posted on
Aleisha - the legal ownership will have passed to her husband after her death. You will need probate for him to then deal with the property. Who has now inherited is not something we can advise you on and I would recommend you seek legal advice to ascertain what claim, if any, their respective next of kin etc may have here.
Comment by Sue McLean posted on
Married couple, Dad dies in 2002, property in his sole name, probate not applied for. Mum recently died and property is also unregistered. Two children and equal beneficiaries can't sell property as probate is needed on Dad, to transfer title. Would registration be applied for first and if yes, whose name, would it be registered in ? Can probate be applied for some 16 years after death ? Any implications ?
Comment by AdamH posted on
Sue - probate enables the personal representative to deal with the deceased's estate, which in this case would include the property. It is the transfer of the legal ownership which then triggers the need to register. In some cases a buyer may be happy to complete based on the deeds plus probate. However if not you have to decide in whose favour the transfer is to be. If it is the beneficiaries then they would be the names you are applying to register
Probate can be applied for at any time but you should contact the Probate Service for clarification
Comment by Sue McClean posted on
Dad did leave his ownership of property in his Will to Mum. Is there a need to transfer title to Mum because of Will or can we transfer title to equal beneficiaries. Ultimately the beneficiaries will receive title anyway. Property had been sold to buyer, just looking for quickest route?
Comment by AdamH posted on
Sue - as Mum has now sadly passed away you can't transfer it into her name and then apply for probate for her, which I think is what you are suggesting as an option. Historically properties were often in the Husband's name only and passed to the widow through inheritance but it still has to be transferred to ensure the legal ownership changes.
The Will deals with the decease's estate and wishes but does not transfer the legal ownership. The quickest route is to obtain probate for Dad and the named executor(s) then sell the property based on the deeds and probate. If buyer will not complete as Dad has passed away so many years ago then alternative is to apply for first registration either as the executors or by transferring to the beneficiaries
Comment by Paul posted on
Hi, My late father left his property and estate to myself and my brother. He granted me probate in his will and all of the assets have been sorted except for the property. After a period of time with the property on the market for sale, i decided to take the 'market value, best offer' and buy my brother out of the property ownership (50/50) I have a signed document to the effect that he accepts the 50% payment in respect of the property transfer. I have since had the property renovated and now need advice to legally make the property in my name only. No transfers have yet been made so i assume it is still in my late fathers name. Which document do i need to make the transfer official in law please.
Comment by AdamH posted on
Paul - if the property is registered and is in your late Father's sole name then the executors as name din probate can transfer it to a beneficiary (form AS1) or transfer it (form TR1) as appropriate. Have a read of the blog article and linked forms and guidance. You may also find our online short guide of assistance 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
Note - comments on the blog articles are moderated. Hence they have to be approved before they appear. This is generally done as and when replied to. As such comments will not appear automatically. I have not published your later comment as a result
Comment by Elaine posted on
Hi
My mother has recently died and I have been named as executor. She lived in a house owned by her late partner , who died in 2007. His will bequeathed the house to her and his 2 sons. However, I have found a letter from his solicitor that states that the beneficiaries did not wish to proceed with transfer of the deeds to joint names due to financial reasons. The house is therefore still registered in his name only. Is the house therefore now owned by his sons only? Can we just clear the house of her possessions and leave them to sort out selling the house? If she does not own any part of the house then I may be able to sort out her estate without probate
Comment by AdamH posted on
Elaine - the house forms part of the deceased's estate so the legal ownership has not passed on. Probate would be required and the property then transferred as appropriate by the named executors. Your late Mother will have an interest in the beneficial ownership of her late partner's estate so that is something to consider resolving with legal advice. As the property formed part of his estate then it reads as if she has an interest in it in so far as a share of it's value. Definitely something to get legal advice upon re wills/inheritance
Comment by Megan posted on
Hi Adam,
So my grandparents and my father and uncle's names are all on the deed. In the order of my Grandfather, Grandmother, Uncle then my father all have passed away. My Grandmother is the only one who had a will. I was not aware of how to have it probated in Tennessee. Her will leaves the house to my father. Father did not have a will, therefor my mother gained all of his things. My mother passed away in 2014. Do you know if just myself can show ownership to gain the house back or does it have to be me, my sister and all 3 of my uncles children? Any help is greatly appreciated.
Comment by AdamH posted on
Megan - we would not know or be able to advise. You need legal advise from a solicitor familiar with wills/inheritance and probate law. From purely a registration perspective the legal ownership passes on death of each joint owner to the surviving owners. As such you would normally require probate for the last one to pass away in order to then deal with the property. The issues over who inherits, whether a will takes precedent over no wills etc are all matters to do with the four beneficial estates.
In my experience the key would be obtaining probate as explained and then dealing with the property and the estate in accordance with the legal advice obtained. The other three estates will also need to be considered in that wider mix
Comment by flilu posted on
Dad died May 2016, property unregistered. I am joint executor with one sister, there are 2 other siblings and all 4 of us are beneficiaries. I have been living in the property for over a year and have bought the other siblings out. I have recently sent off forms FR1, DL, AS1, CCT and ID1 for myself and my sister who is an executor, asking for the property to be registered in my sole name. We have not used solicitors.
Now wanting to sell and estate agent wants to know who the legal owner of the property is and proof that I am the only beneficiary (which I'm not) before they will market the property.
Can I ask for the FR process to be expedited or does this have to be done by a solicitor? If I can do it myself, how do I do it? It seems this will have to happen before the agent will market the property. Who is the legal owner of an unregistered property when the owner dies? Will it be a problem for the LR to register it in my sole name? If so, why?
Comment by AdamH posted on
Flilu - if you submitted the application then you can contact us with details of the linked transaction and a request to expedite. https://help.landregistry.gov.uk/app/contactus_general/?utm_medium=newsletter&utm_source=govuk&utm_campaign=death_contact_page_to_contact_form&utm_content=web_page
However if you don;t have a confirmed buyer then we are unlikely to do so. The probate provides the executors with the legal authority to deal with the property, inc sell it. If you have a copy of the deed in favour of your late Father and probate then it may be worth showing those to the agent and explaining that the application to register is submitted so the property can be marketed. The issue over it being registered is usually a matter for the buyer/their solicitor
The property forms part of the deceased's estate and until it is transferred to a new owner it remains as such. I cannot see why, based on your comment, that there should be a problem in registering it in your sole name if the executors have transferred it to you.
Comment by flilu posted on
Thank you so much. The agent has all relevant documents but is still asking for a letter from a solicitor stating who the legal owner of the property is. I may well be changing agents soon ...
Comment by AdamH posted on
Flilu - noted but not an area we deal with directly as the Agent is at the start of the process and we are at the end. Each may differ in their requirements and I have seen examples online where buyers have become disgruntled as the agent never mentioned that it was a probate sale for example. But that tends to be with unregistered properties where the 'risk' is seen as being greater perhaps.
Comment by Micky C posted on
Hi I was the executor and sole beneficiary of a house left to me in my Mums will 3 months ago - I have a grant of probate and was told I needed to apply to Land Registry to transfer the deeds in my name - What do I need to do now - just sell it? and did I have to get the deeds transferred first ? Thanks
Comment by AdamH posted on
Micky C - if it is registered in your late Mother's name only and you want to sell then you should find that probate will enable you to do so without transferring it into your own name. Something to query with your own solicitor or the buyer initially
Comment by Geraint Lewis Hughes posted on
Hello.
My mother passed away and she owned a half share in the house she lived in. My sister and I each own a quarter share. My sister and I are equal beneficiaries in her will and I am the executor and have the grant of probate.
My question is can I sell the whole house to a third party with the current ownership arrangement or do I need to transfer my late mother's share to me and my sister first?
Comment by AdamH posted on
Geraint - the shares relate to your beneficial ownerships. When selling what matters is who is registered as the legal owner and whether they are restricted in what they can do. You'll need to check the register to confirm those details https://www.gov.uk/search-property-information-land-registry
Comment by Brenda Gough posted on
Please can you help me.
My Mother died 14 years ago and left her house to my sister and myself.
I bought out my sisters share some years ago -- my sister will sign any documentation for this to happen.
I now wish to register the house in my name.
We did probate and have the will and any documents that are needed.
Please can you tell me what forms I need to download and send to the land registry with the fee
Many thanks
Comment by AdamH posted on
Brenda - the blog article explains what is required and links you to the forms needed, namely AP1, AS1 and ID1 for any party not named as an executor in the probate
Comment by MikeW posted on
Hello - I am the executor for my sister-in-law's estate. In her will she left her flat to her sister/my wife. She was the sole owner and the mortgage was paid off a few years ago. The property is registered and it's leasehold with about 70 years left on the lease. I've obtained probate, and now want to effect the transfer to my wife. From what I've read, I need to submit forms AP1, AS1, and TR1, accompanied by ID1 in respect of my wife - can you confirm that, please?
Comment by AdamH posted on
MikeW - it will be either an AS1 or TR1 so not both. AS1 is for the executor to transfer the ownership to the beneficiary which is the case here. TR1 would be for any other example. ID1 is then needed for any party who is involved and is not the executor named in probate. Form AP1 is always needed as it is the application form
Comment by MikeW posted on
Many thanks for clarifying and for the prompt reply.
Comment by Steven White posted on
Hi my father has just died and left me his house as his sole beneficiary. My mother died 10 years ago and they were joint owners. I have just found out that he did not change the land register to record her death and transfer her 50% to him. I am executer of his will. How do I correct this in the land registry to reflect his sole ownership and then start the process of transferring the house to my name?
Comment by AdamH posted on
Steven - use the forms AP1 and AS1 referred to in the blog article to transfer the ownership as the executor to yourself as the beneficiary. You should also include an official copy of your late Mother's death certificate.
If they held it as tenants in common and the register refers to a form A restriction then please see our PG 6 section 7 for details on how to also apply for the restriction's removal https://www.gov.uk/government/publications/devolution-on-the-death-of-a-registered-proprietor
Comment by Steven White posted on
Thank you very much Adam for your prompt reply. Can I ask on the AS1 form do i list my mother as well as my father in question 4 . Name of the Deceased Proprietor, as my father did not transfer sole ownership from my mother when she died?
Comment by AdamH posted on
Steven - just your late Father as you are transferring the title as his personal representative. You will need to submit an official copy of your late Mother's death certificate as well to confirm her passing and that it pre-dated the loss of your Father
Comment by Steven White posted on
Thank you Adam that's helps me a lot.
Comment by Donna posted on
My uncle died in 2004 and left his house to me and paid all taxes etc. The house was placed in trust to an accountant as there was a restriction in the will and registry that his brother may continue to live in the property until death or decides to give it up as his main residence. This brother has now died and I need to transfer the name to mine on the register from the accountant.
What forms do I need to complete? I think it's AP1, TR1 and ID1 for both me and the accountant. Is this correct?
Comment by AdamH posted on
Donna - that is correct
Comment by Steve Hawkey posted on
Hi. My partner has recently passed away but before that we had the house changed into tenants in common so to allow me to gift an extra 10% along with my partners 50% to her 2 children. I am an executor along with her children in her will and I have now been granted probate. I now need to register the house at land registry in the names of the trustees which is me and the 2 children as per the Will. Also as per the will, the house has been left to me for life.
Please could you advise what forms I need to complete as I don’t feel the need for expensive solicitors to get involved and they also advised it’s just a form filling exercise. Many thanks
Comment by AdamH posted on
Steve - I'm sorry to read of your recent loss. The registration aspects can be a simple form-filling exercise but the trust and life interest may not be and that tends to be where the legal advice is needed to ensure that everyone is aware of their impact on both the legal ownership, which we register, and the beneficial ownership of the trust/shares you refer to.
If the property is to be transferred then our online guidance refers to the forms required https://www.gov.uk/registering-land-or-property-with-land-registry/transfer-ownership-of-your-property
Comment by Mary Poldark posted on
Hi, such useful info in this comments area! My query I couldn’t see so I hope you don’t mind me asking a question. My remaining parent died earlier this year, probate has been granted in just my name although the benificiaries are myself and my brother. My husband and I would like to raise a mortgage to buy my brothers 50%. Property is not registered. Do we need to complete and submit any other forms other than forms AP1 and FR1? I assume the property should be in mine and brothers names first, with my brother removed and husband added later?
Many thanks -M
Comment by ianflowers posted on
Hi. As you may have already seen, where the property is unregistered, there will be need to register it for the first time - https://www.gov.uk/registering-land-or-property-with-land-registry/register-for-the-first-time.
We essentially have an administrative role and so cannot advise on the particular action to take in your situation, as this will depend on the individual circumstances and your legal responsibilities as executor. But as far as the registration goes, as well as the application form (FR1) and the other documents required to register for the first time, we would also require either an AS1 form to assent the property to yourself and your brother as beneficiaries or a TR1 form to transfer the ownership, for example, under a sale.
As I've referred to, there is often more to consider than just the registration aspect so if you are in any doubt as to how to proceed, we would suggest considering getting independent legal advice, for example from Citizen's Advice or a conveyancer such as a solicitor.
Comment by Carol S posted on
My mother passed away last year. She left a will and I am executor and some beneficiarie. I have applied for probate I don't want to sell her property. how to I change the deeds to my name. Thank you
Comment by AdamH posted on
Carol S - the article links you to the guidance needed re transferring to yourself using forms AS1 and AP1. Our short guide will also link you to the forms and guidance you need 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
Comment by JaneB posted on
Hi, some advice please. My mother owned her house outright. She died intestate, so myself, my sister and my late brother's two children (who are under 18) inherit. We have Letters of Administration. My sister and I are considering renting the house out to tenants, what do we do about the name on the deeds? Do we transfer the house to my sister and I as Administrators, or should we include the names of my niece and nephew (although they are under 18)? Which forms would we use? Thanks
Comment by AdamH posted on
JaneB - we cannot advise you on what you should do here and would recommend that you seek legal advice as to how best to protect everyone's interests. As you already appreciate if the children are under 18 they cannot be registered as legal owners but they still have an interest.
Our short guide explains what is needed in any given situation 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
Our PG 24 explains more around Private Trusts https://www.gov.uk/government/publications/private-trusts-of-land
But you should all seek legal advice to clarify what works for all and that can also include the rental aspect as well
Comment by JaneB posted on
Thanks Adam
Comment by Richard Jones posted on
I have inherited my father's house which I intend to sell. I have been granted probate. Do I need to transfer the property into my name before selling ?
Comment by AdamH posted on
Richard - if it is already registered then the buyer will usually accept an official copy of the probate as evidence of your authority to sell. If they do then there is no need to update the register before selling
Comment by Mel Chambers posted on
My mother has died and was the sole owner of a property. I have applied for probate and now have that. I want to transfer the house to my brother. Which forms do i need to complete
Comment by AdamH posted on
Mel - if you are the executor and your brother is the beneficiary then it is forms AP1, AS1 and ID1 for him you will need. Our short guide will help you identify what is needed https://help.landregistry.gov.uk/app/contactus_bereavement?utm_medium=GOV.UK&utm_source=govuk&utm_campaign=death_contact_page_to_guide&utm_content=web_page
Comment by Karen Cornwell posted on
Hello. I wonder if you can help me to work out which forms I need to use for my situation. My mother passed away in 2014 and myself and my brother inherited her house jointly. We are registered as tenants in common on the Land Registry and my brother still lived there. My brother sadly passed away in December and I am the sole executor and beneficiary of his estate (he did not leave a will).
What forms do I need to complete for the land registry as currently both our names are on the deed and I am looking to sell the house. I have just received the grant of probate.
Many thanks.
Comment by AdamH posted on
Karen - you can apply to update the register re his sad demise using a form DJP which is linked to from the article and the PG 6 I have referred to below.
If you have a form A restriction on the title in respect of the TIC element then you can apply to cancel it as per the guidance in section 7 of our PG 6
https://www.gov.uk/government/publications/devolution-on-the-death-of-a-registered-proprietor
I would suggest that you discuss options with your conveyancer as well re the sale and what is required.
Comment by Lily posted on
Hi Adam,
My husband had passed away this year. he owns 2 buy to let properties - court order reward him from divorced with ex wife. But ex wife s name is still in mortgage and land registry. Probate and Will shows that i am beneficiary of the 2 properties. i want to sell one property and pay off an other property. what kind of form i need to transfer property into my sole name? can i do the form at the same time than mortgage or have to wait when mortgage issue resolved?
Comment by AdamH posted on
Lily - if the properties are registered in their joint names then any change re the legal ownership would have to be completed by the surviving joint registered owner. If the properties were awarded to him then it seems they did not complete the next legal requirement which would have been to both transfer them to him solely.
Comment by Nicky Baker posted on
Afternoon .... I’ve fallen in love with a run down empty house round the corner from me. I’m informed by the neighbours that the occupant died last year and it’s in probate. The neighbour says he doesn’t know the family. How do I find out more about the family or solicitors dealing with the estate?
Comment by AdamH posted on
Nicky - start with checking if it's registered and work forward from the name(s) of the owners https://www.gov.uk/search-property-information-land-registry
If it's 'in probate' you may have to wait for that to be granted before identifying who the executor is or which solicitor may be involved (if any)
Comment by MarkC posted on
Hi there,
I would appreciate any help someone could give.
Sadly my mum passed away last year. I am an only child and the sole beneficiary and executor.
I have the grant of probate.
Do I need to complete the AS1 form to get it transferred into my name?
Appreciate any advice you can give.
Comment by ianflowers posted on
Hi. I am sorry to hear of your loss.
If your late mum was sole registered owner, then yes, you will need to complete an AS1 as well as the application form AP1. Please see our guidance on GOV.UK under the heading 'When a sole owner dies'. The information also links to the forms. On the form(s) page, scroll down to access the instruction notes and also a YouTube video to assist you in completing them.
Comment by MarkC posted on
Thank you Ian, Much appreciated!
Comment by Jake M posted on
Hi my mother died 4 years ago my father 3 months ago. My late father has left sister house in his will but the house is registered in mother' sole name so who does the house belong to it has never been transferred over to him.
Comment by AdamH posted on
Jake - we register the legal ownership so if it is still in your late Mother's name you will need probate for her to now deal with the property. If it is to be transferred to your Aunt then the named executor can assent the property using forms AP1, AS1 and ID1 as mentioned.
If you are unsure as to how their deaths and wills have impacted on who has or can inherit the property I would suggest you get legal advice
Comment by J Evans posted on
I have a situation regarding an unregistered property held as Tenants in Common in equal shares by a married couple. One of the proprietors passed away and the surviving owner is the appointed Personal Representative of the estate. The deceased proprietor left his share to his daughter in his Will. In order to register the property in the names of the wife and the daughter as Tenants in Common, should I lodge an TR1 or an AS1? Many thanks.
Comment by AdamH posted on
J Evans - if the property is unregistered there is no prescribed form so technically you could use either providing it does what is required. However I would suggest using form TR1 as it will be the surviving owner who would transfer the whole of the legal ownership if that is what is wanted here. The Transfer will trigger compulsory first registration
Comment by shan posted on
Where a commercial property is owned by joint tenants and one dies, the surviving tenant takes ownership of the deceased tenant's share. Does the value of the deceased tenant's share get included in his assets when the executors apply for probate?
Comment by AdamH posted on
Shan - not something we can advise you on I'm afraid and you would need to get advice from someone familiar with probate/inheritance or try the Probate Service direct
Comment by Pete posted on
Hi
I have a neighbour whose husband recently passed away. There was no will and all property and goods (under £250k) should go to his wife as next of Kin. The property they have lived in since the 1960's is unregistered and they have the deeds which confirm her husband, the deceased, to be the sole owner of the property. His wife has asked for my assistance to get the property registered into her sole name. Can this be done by an application to the Land Registry?
She doesn't have much money so cannot afford a Solicitors help and she's afraid at the thought of her name not being on the ownership register.
Thanks
Comment by AdamH posted on
Pete - first registration can only be achieved through application to HM Land Registry. Whilst you do not have to use a solicitor we always recommend that you do as they can assist with and advise on wider legal matters whilst also having an understanding of the forms/processes involved with registration with us.
Our PG 1 explains how an application for first registration might be made and what is required https://www.gov.uk/government/publications/first-registrations
The Transfer (Assent form AS1) by the executor as named in the probate for the late husband to your neighbour/his widow will trigger the need to register for the first time. The guidance linked to from the blog article can be followed but refer to the PG1 and forms FR1/DL instead of form AP1, which is used when dealing with an already registered property.
Comment by Bethany mcgreevy posted on
Hi I’m looking for some advice. My mother passed away last year and I was the only benificary for her assets, So the property she owned is now Mine, I have remortgaged the property and we are near completion but I’ve been informed that the house was never put into my name. How long does it take to change the house from my late mother’s name to my name through land registry. I can’t complete until this is done and I’m at risk of loosing the house I want to buy without receiving the funds from the remortgage but they can’t release the funds until my name is on the land registry. Thank you
Comment by AdamH posted on
Bethany - if it has been submitted by a conveyancer and is all in order then the average timescale is around 8/9 working days
Comment by Bethany posted on
Thank you, do you know if my solicitors will still continue if I send them a copy of the assent form from my other solicitor that I have signed
Comment by AdamH posted on
Bethany - very much a Q for them to answer as we deal with the end application only
Comment by Sarah Cooke posted on
Hello, my husbands mother died 25 years ago and left a property, with a condition that her mother could live there as long as she wished. At 98, her mother has just moved into a home so the house is vacant. Land Registry lists the house as still belonging to my husbands deceased parents. How do we get the house transferred over to his name? Is it Assent or Transfer? He is named as beneficiary in her will.
Comment by AdamH posted on
Sarah - I assume his parents passed away separately and if so you will need the death certificate for one and the probate for the last to pass away. Probate can then enable the executor to transfer the property to the beneficiary, your husband, by way of an assent
Comment by Carl posted on
I have a property registered in the sole name of the deceased. The property is in negative equity. I understand that the personal representative can transfer the property to the beneficiary using Form AS1 but I am unsure what happens to the charges and charging orders. Does the beneficiary take the property subject to those charges (and becomes responsible for them) and/or do we need consent from each of the secured creditors before we can complete the assent?
Comment by AdamH posted on
Carl - the interests will remain on the register so the title remains subject to them. As to what involvement, if any, is required from the creditors it often depends on the wording of the entries themselves. Such interested may be merely noted or they may be protected by way of a restriction. In the latter case the wording of the entry would confirm whether it has to be complied with for example
I would strongly recommend seeking legal advice as to how the charges impact on the beneficiary/the title
Comment by Mike posted on
Afternoon,
I have whole different scenario. I took care of an old lady, just after I finished school - which were in 2008. We were not relatives, but I provided her and took care of her. She died a few years ago, and I'm still staying in the house which is now almost 10 years.. however I'm confused what route and steps I can take to obtain ownership if possible. No title deed can be issued, because she's not there anymore and she had no will.
To whom does the house belong to and can I obtain ownership?
Please assist me.
Thank you.
Comment by AdamH posted on
Mike - you will need to seek legal advice from a solicitor familiar with death/inheritance. The legal ownership, if in her sole name, forms part of here estate so to transfer that ownership you will need letters of administration (no recorded will) or probate (recorded will). So it's wider advice you need re what your rights may be as well as whether you are able to deal with her estate
Comment by Nompumelelo posted on
Hello I don't have a comment but I would like to ask a question with stay a land that the bouth for a couple of people but someone has used a title deed for fraud what can we do
Comment by AdamH posted on
Nom - if you are concerned that property fraud may have been committed then you can email us at reportafraud@landregistry.gov.uk
Comment by David posted on
Hi, I hope I can get some sort of clarification on what I need to do.
My mother passed away recently and I applied for and got deed of representation so I could sell the family home, I am the only child. My father died 2010 without a will and I assumed ownership of the house, estate etc went to my mother. The house is sold but my conveyance says there is a problem as only my fathers name is on the deed and the house is not registered (first and only owners since 1957)Can I just register or do I have to go through probate again, or can the buyers purchase the property and then register ???
Thanks for the help in advance
Comment by AdamH posted on
David - you will need probate for your late Father unless when you refer to 'deed of representation' you mean your late Mother had probate for your late Father and you now have probate for her. That is known as a chain of representation.
Whilst a buyer can complete and then register their purchase in such cases in my experience they usually ask the seller to register first. Something to discuss with them/your solicitor
Comment by Esther S. posted on
I am purchasing a property registered to a couple who were 'tenants in common'. One of them died last year and the surviving spouse is now in a care home with dementia. The house is being sold by one of their children under power of attorney.
There is no probate granted for the deceased person and I don't know if there is a will.
What does the Land Registry require to happen in these circumstances?
Comment by AdamH posted on
Esther - the legal ownership will have passed to the surviving joint owner so probate should not be required. If the register refers to a form A restriction then the attorney will need to deal with that in order to sell. That may mean applying to cancel the restriction if the sole survivor is the sole beneficial owner now as well for example. See section 7 of our PG 6 https://www.gov.uk/government/publications/devolution-on-the-death-of-a-registered-proprietor
Comment by Ian Chester posted on
Hi Adam, I am the sole executor of my mother's estate and within the will has left me her house which I intend to sell once I receive probate. In order to sell can I confirm whether I need to transfer the property into my name first in order to sell or whether I can transfer the title straight to the buyer ? In which case I believe I just have to fill in forms AP1, TR1 and ID1 and send to the Registry. Thanks
Comment by AdamH posted on
Ian - many probate sales take place without first transferring the ownership so very much one for you and a buyer to decide/agree upon
Comment by Andy posted on
Hi My Mother and Father had joint ownership of there house which myself and my wife wish to move into I am the sole beneficiary and executor I have there wills and I have probate what do I need to do to transfer ownership over to myself and wife and can I do it without using a solicitor
Comment by AdamH posted on
Andy - you can follow the guidance in the blog article or refer to our online short guide to link you to the specific guidance and forms https://help.landregistry.gov.uk/app/contactus_bereavement?utm_medium=GOV.UK&utm_source=govuk&utm_campaign=death_contact_page_to_guide&utm_content=web_page
Whilst you don;t have to use a solicitor we always recommend that you do
Comment by AlanP posted on
My dad passed away at the weekend and left no will. He and my mum lived in a shared ownership flat, owning a 30 percent share of the leasehold. I have found the entry on the register that shows both their names as owners, but there is a clause in the section below that means they are Tenants in Common, not Joint Tenants. Having spoken to my mum she can't recall being asked which of the options they wanted and HM Land Registry have told me that it has defaulted to Tenants in Common. The estate will fall below the inheritance tax threshold (there is none if it all goes to the spouse), but there is a chance it may breach the 250k intestate threshold.
How can we prove that the Tenants in common entry was made without their knowledge if that is the case, and how do we now remove the clause?
Comment by ianflowers posted on
Alan - I am sorry to hear of your loss. When you refer to a clause, I'm assuming this relates to a form A 'trustee' restriction which restricts the power of the surviving owner to deal with the land. The normal procedure to remove a restriction which has been entered by default and those acting for the owners did not confirm at the time that it was not required, would be that an application using form RX3 is required. The form RX3 will need to be supported by evidence in the form of a statutory declaration or statement of truth as to the title by the surviving owner or a conveyancer acting on their behalf (in certain circumstances).
But given that the action required is very much dependent on the circumstances of the particular case, it would best if you use our contact form https://bit.ly/2F6AtxU to make an enquiry quoting the property / title details and we will then look into this and respond as soon as possible.
If you are unsure how this impacts on the intestate threshold, then you may want to consider getting independent legal advice, for example, from Citizen Advice or a conveyancer such as a solicitor.
Comment by Steve Jones posted on
There is a very small piece of land near me that I'd like to own; I would think it's of little financial value. Title deeds exist, last updated in 1933 recording three owners (no full addresses given) - as these people are very likely now all deceased, is my only option to try and track down their heirs to see if they are willing to sell? They may not even be aware of it, as the land registry has not been updated. Could ownership have been transferred in the meantime without the land registry being aware, or is what's on the registry factually accurate?
Comment by AdamH posted on
Steve - the registered title will confirm the legal ownership. If it's been transferred in the meantime and not registered then the legal ownership remains with those shown.
If they are deceased and no next of kine the legal ownership can pass to the crown - research the term 'bona vacantia' for more details
So I would recommend seeing if they are now deceased and whether wills were recorded/probate granted
Comment by SoozeyQ22 posted on
Hi,
My mother passed suddenly last year and we have been left with a house that is in both my father and mothers names. There is no mortgage on the property. My father walked out on my mother around 8 years ago and we have never heard from him again. We don't even know where he's living or if indeed he is still alive! I am one of four siblings. We don't know where to start on trying to get this house sold. We don't really want to try and find our father either! My mother did not leave a will
Can anyone help?
Thanks,
Comment by AdamH posted on
SoozeyQ - I am sorry to read of your recent loss and the paternal issue also. The legal ownership has passed to the surviving registered owner so you will, I'm afraid, need to deal with that issue before you can proceed with any sale. Whilst a court can be involved in ordering a sale or replacing an absent owner invariably that will only happen if you are able to prove that he cannot be found and is presumed dead. As you can imagine there is a heavy burden of proof attached to such matters so I would suggest making some initial enquiries as to whether a death has been recorded and/or his whereabouts. That is not to suggest you have to get in touch but at this stage it seems important to at least ascertain what the circumstances maybe before seeking legal advice as to next steps.
Please note that this is a blog rather than a public forum so you are very unlikely to get any comments other than our own, here at HMLR. If you are looking for wider comments then online forums such as Money Saving Expert or Mumsnet to name two, can be useful resources but it is very much legal advice you will need re your specific situation
Comment by Christine Davies posted on
My dad died 5 years ago in a dementia home. Prior to him going in my mother made a will making them tenants in common to protect my inheritance from care home fees. When he died she did nothing about probate and destroyed his will. She has now died and we are able to sell her home by producing dad's death certificate but without his will how do I distribute the estate? I believe he wanted all to go to my mum and then to me as the only child.
Comment by ianflowers posted on
Christine - I am sorry to hear of your loss. We essentially have an administrative role in registering ownership, rights and interests based on the applications made to us. We cannot therefore advise on the administration/distribution of the estate although it appears your late mother was a sole surviving registered owner, in which case the estate will have to go through probate and personal representatives appointed before the property can be sold or otherwise dealt with.
The effect of any trustee restriction on the register will also need to be considered. For example, if personal representatives are registered as owners, any trustee 'form A' restriction will remain on the register unless otherwise dealt with. This is because, in that case, the personal representatives are in effect succeeding the deceased as trustees of the trust.
This can be a very complex area of the law and there is usually more to be considered than just the registration aspect, so if you are unsure how to proceed, you may want to consider getting independent legal advice, for example, from a conveyancer such as solicitor.
Comment by Joanne Coombs-Gilling posted on
Hello
My husband recently died and his share of our house (50%) passes into a trust for his two children but with me as a life tenant which as I understand it gives me control of the property (rent, sell, stay) as I please. I am a trustee along with my brother in law. The property is valued at around £1m. Please can you help me understand how inheritance tax will be calculated when I sell the house which I plan to do in around 3 years? I also have two children but we did not have children together. Thank you.
Comment by AdamH posted on
Joanne - I am afraid we do not deal with or advice on IHT. That would be HMRC. They should be able to assist with any enquiries or you could try online forums such as Money Saving Expert where such matters are often aired/discussed
Comment by Michelle F posted on
Hi,
My father in law recently passed away, he lived with his wife, my mother in law as tenants in common, in a house with no mortage. They had mirror wills and he stated that the house be left to her, and upon her passing be left to the children, as Tenants in common, does my mother in law just need to complete a DJP and send it with a copy of the death certificate?
Thanks
Comment by AdamH posted on
Michelle - I am sorry to read of your recent loss. A form DJP and copy death certificate can indeed be used to update the register. There is no 'need' to do so but we always recommend that you do.
Comment by Michelle F posted on
Thanks Adam, Just that mum got a letter from solicitor stating that she needs to pay £250.00 because they where tenants in common not joint tenants to do this? thought it sounded strange.
Thanks
Comment by AdamH posted on
Michelle - you would need to check with the solicitor as to exactly what they were intending to do. Professional services will cost £X and it could be to submit the form DJP and certificate.
I said no 'need' as the update can be done at any time but many look to put the affairs in order as so many things to do and it's quite simple to apply for.
Comment by Emma Winterbottom posted on
Hi. My brother and I are joint executors of my late mother's will (sole owner), making us "personal representatives". We have obtained probate. I understand that we will not need to provide evidence of identity as personal representatives as we are named on the probate and our authority to act is supported by the probate. We are also the joint beneficiaries and we want to transfer (assent) the property to ourselves using AP1 and AS1. We don't intend to use a conveyancer. Do we need to provide evidence of identity as beneficiaries or is this also covered by the the fact that we are named on the probate? The guidance hints at this as an exception but I'm not 100% clear. Many thanks
Comment by AdamH posted on
Emma - the personal reps as named in the probate do not need to have their identities verified in such a situation. We always reserve the right to ask for it if we feel it is appropriate but that is rare.
Comment by Michelle Chard posted on
Hello, I would really appreciate your help. My father owned three properties with my mother as tenants in common. He has passed away and left his 50% share of each property to be split equally between his three adult children. But he has left these in trust with a life interest for my mother on each property. I assume I need to register each property using a TR1 and an AP1 in both my mother's and the children's names as beneficiaries. How do I show there is a trust with a life interest?
Comment by AdamH posted on
Michelle - any transfer of ownership would be by your Mother as the sole surviving legal owner using forms AP1 and TR1 as you suggest. Our online shrot guide will assist with what is required https://help.landregistry.gov.uk/app/contactus_bereavement?utm_medium=GOV.UK&utm_source=govuk&utm_campaign=death_contact_page_to_guide&utm_content=web_page
The life interest/tenants in common aspects relate to the beneficial ownerships and I would recommend that you get wider legal/financial advice as to the best way to deal with the properties as well as such interests. Whilst transferring the ownership is one option there may be others to consider and understanding what happens next in any given set of circumstances can also impact on what you do now
Comment by Nisha posted on
Hello,
I have inherited a property over 2 years ago now. A relative who was living in the property has declined to start paying rent/to leave dispite giving him enough time to work out whether and what is suitable. He is subsequently destroying the property inside by not looking after it. And is very confrontational. I would like him to leave. I'm unsure of the legal route.
Comment by AdamH posted on
Nisha - very much one to get legal advice on. We cannot advise you on such matters I'm afraid
Comment by lorraine bates posted on
Lorraine - my father in law who was widowed passed away in February 2018 with no will. He has three children. He owned the property along with his daughter and son in law (as tenants in common) and lived with them. Since his death nothing has been mentioned about his estate and as far as we are aware probate hasn't been applied for. Am I right in thinking that his share of the property should be divided between his three children?
Comment by AdamH posted on
Lorraine - we deal with and register the legal ownership which in this case has passed to the surviving joint owners. To that extent probate (recorded will) or letters of administration (no recorded will) won't be needed to deal with the property. Whether they are needed to deal with his estate as a whole and how his beneficial share in the property should be dealt with is something to get legal advice upon
Comment by Andy posted on
My grandmother bought property from council under right to buy scheme me. Consideration has been paid and completion has been done. Sadly my grandmother passed away before lease registration with land registry.
I would like to know on whose name HM land registry will register the lease deed, my grandmother ?or her executor as per will
Comment by AdamH posted on
Andy - we would not register the ownership based on the will and I would expect the executor to obtain probate and then deal with the estate/property as appropriate. If the property is to be retained and transferred to a beneficiary for example then the executor can do that and register the purchase and transfer to a beneficiary at the same time
Comment by Andy posted on
Thank you for reply. Probate is obtained, HM land registry has registered lease in name of three executors.
1. What is the process to transfer interest to beneficiary?
2.Being council property bought under right to buy, does it need permission from council to transfer interest to beneficiary? or just probate is fine?
3. Is there any time frame in which executor has to transfer interest to beneficiary?
Many Thanks
Comment by ianflowers posted on
Andy - I am replying as Adam is unavailable. The process would be for the executors to transfer the title to the beneficiary, normally using form TR1. The permission / consent of the council would only be required if there was a entry in the register, such as a restriction, which limits the executors power to deal with the land in some way without reference to the council. If the executors are already registered owners, then the probate will not be required. A timeframe, if there is one, would fall under probate rules rather than those relating to land registration. But once any Transfer is drawn up/executed, it is required to be completed by registration.
Comment by Susan posted on
Hello. Mygrandfather passed away @ 40 years ago. The family home is soley in his name. No mortgage @$300 taxes yearly. There are 7 surviving adult children. 1 currently lives in and maintains the property. They are all now interested in getting the title into all of their names. They are all amicable and no one is interested in staking more claim than anyone else or putting anyone out. My question is...basically if its not broke dont fix it.we would like to keep the property in the family for generations to come. What happens when everyones name is on the property. This would include their spouses & children after them. I believe it will cause conflict, and perhaps property taxes will greatly increase, legal fees etc. Would it be wise to transfer it or leave well enough alone??
.
Comment by AdamH posted on
Susan - we can't advise you on such matters but they are certainly things you should consider before doing anything re the legal ownership, which we register, or the beneficial ownerships of each beneficiary. I would recommend that you seek legal advice from a solicitor familiar with conveyancing and trusts
Comment by Bob R posted on
My mother & father were 50/50 tenants in common. My father passed in 2012 & his will passed everything to my mother. The land register was not informed of his death. My mother passed in Jan 2018 & I am the sole beneficiary & executor. I have acquired the probate. I live in the property & intend to do so for the foreseeable future. There is a small mortgage on the property of which I have transferred into my name. I am now looking at transferring the house into my name. I believe I will need to assent the property using the relevant forms. The house is registered with you. Will I just need to send off the forms & any relevant documents & the fee & then this will be all? Any info would be great. Thanks
Comment by ianflowers posted on
Bob - I am sorry to hear of your loss. Yes, assent in form AS1 together with AP1 application form. A link to the form is at https://www.gov.uk/government/publications/whole-of-registered-title-assent-as1 . Please also scroll down on that page for guidance notes and a video tutorial. Points to consider include whether the lender's consent will be needed where there is a restriction in the proprietorship register in their favour. Also that any trustee restriction relating to your late parents holding the property as tenants in common will remain on the register unless there is an application supported by the appropriate evidence to remove it - https://www.gov.uk/government/publications/cancel-a-restriction-registration-rx3 .
Trust arrangements can be a complex area and so if you are in any doubt as to how to proceed, then you may want to consider seeking legal advice, for example, from Citizen's Advice or from a conveyancer such as solicitor.
Comment by Rhiannon posted on
I bought my house on my own before getting married. It is registered solely in my name. My husband has not been registered as joint owner. I have made a will stating that the property will be inherited by my daughter with my husband having the right to live there until he dies.
Have I done this correctly, or will my husband be treated as a joint tenant and automatically inherit the house on my death?
Would it be best to register as tenants in common?
Comment by ianflowers posted on
Rhiannon - we essentially have an administrative role and can only confirm the current registration position - which is presumably that you are currently registered as sole owner and should you die, the estate will be dealt with under probate procedures as there will be no surviving registered owner. As to the position under your will and as to how you hold the land, that's not something we can advise on. You may want to consider seeking independent legal advice on this, for example, from Citizens Advice or from a conveyancer such as a solicitor.
Comment by Walker posted on
My partner recently died suddenly. We lived in and owned a property together and have a deed of trust declaring us as tenants in common (50/50). We did not have time to sort out our respective wills to include other financial security for each other and I think we both mistakenly believed that in the event of death, the surviving partner would automatically become sole owner of the property...clearly we did not understand the distinction between tenants in common and joint tenancy nor did we expect such sudden and unexpected death...
My partner’s family are the beneficiaries of her will and I am not sure what rights I now have in relation to what was our house and what is still my home. The title deeds to the property are solely in my name. Can anyone please help by advising me of my options?
Comment by AdamH posted on
Walker - it's legal advice you need as to the impact of the Deed of Trust. Fromm purely a registration perspective you are the sole legal owner. The Deed of Trust affects your beneficial shares though so whilst you can say sell or mortgage the property you have to bear in mind that 50% of it's value is your partner's beneficiaries. How you now deal with that is a matter between you and them so you need advice on what happens next re their interest in his share and your rights to remain in the property and what happens next depending on future life events for example
Comment by NeilC posted on
My sister-in-law recently passed away leaving her partner as sole owner of their property. He considers that the house was never his and would, despite our efforts, like to gift the house to my wife - or at least have her name replace her sisters' on the deeds. Is this a possiblity?
Comment by AdamH posted on
NeilC - what happens next is very much up to the three of you it seems. If they were joint registered owners then the legal ownership has passed to him so if that is to now change he will need to transfer that legal ownership https://www.gov.uk/registering-land-or-property-with-land-registry/transfer-ownership-of-your-property
Comment by Victoria posted on
My mother has passed away and was the joint owner of the property with my father who is still alive however she left no will as she died quite young. is there a time period before we are able to sell the property or can my father just make it solely his property and sell it on.
Thanks!
Comment by AdamH posted on
Victoria - the legal ownership, which we register passes to your Father following the loss of your Mother and joint owner. 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
Comment by Louise T posted on
Louise T
Hi, I have a quite complex situation. My mother passed away some time ago and her will stated that her husband would be taken care of but in the event of his death, recently, the property and assets would be split as 50% to her 4 children to be divided 4 ways equally and 50% to be divided 8 ways between her 4 children and the 4 children of her now deceased husband.
His will states that the assets be divided equally between 8, how does the estate now get divided? He was mentally incapacitated at the time of her death which was why the provision to look after him financially was newly written in to her will.
Should the combined estate (which includes a house abroad) be divided 50% then according to each of their wills?
Also I am currently residing in one of the properties indicated as part of the estate and have been for approx. 4 years, this property is solely in a siblings name (parents gave a large sum of money to my sibling to purchase the property with no contract or agreement regarding ownership) and there is no intention to sell it or request for me to vacate. Can the other beneficiaries force me to leave given that there is no record of the property belonging to my mother or step father?
Comment by AdamH posted on
Louise - a very complex situation but I'm afraid we can't assist with any of the issues posed. We do not deal with or advise on matters regarding heir wills, inheritance or how the beneficial interests are split in the way described.
If the property was in their joint names then when your Mother died the legal ownership passed to her husband as the surviving joint owner. To now deal with the property someone will need probate for him and this will also enable them to deal with the wider estate.
How that is then dealt with is something you would need to seek legal advice from someone familiar with the law regarding wills, inheritance etc
Such advice should extend to what rights you have also
Comment by vicky posted on
HI
How long does it take to remove restriction from land registry
Comment by ianflowers posted on
Hi. It does depend very much on the type of restriction and on who is applying. As a very general guide, the current average completion time for updates to existing registers is 9 working days.
If your query relates to the removal of a trustee restriction, our online information may be of interest: https://www.gov.uk/joint-property-ownership/change-from-tenants-in-common-to-joint-tenants
Comment by Desi posted on
HI
How long does it take for restrictions to be removed from Land Registry Register??
Comment by ianflowers posted on
Hi. It does depend very much on the type of restriction and on who is applying. As a very general guide, the current average completion time for updates to existing registers is 9 working days.
If your query relates to the removal of a trustee restriction, our online information may be of interest: https://www.gov.uk/joint-property-ownership/change-from-tenants-in-common-to-joint-tenantshttps://www.gov.uk/joint-property-ownership/change-from-tenants-in-common-to-joint-tenants
Comment by Brenda Gough posted on
My mother died in 2004 leaving her house to my sister and myself - I have bought out my sisters share and would now like to register the house in my name
The house is still registered in my mothers name
Please can you tell me if this can be done with a form TR1 and AP1
Comment by AdamH posted on
Brenda - is can be done using AP1 and TR1 but have a read of our short guide on how the executor can transfer to a beneficiary 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
Comment by Glenn Ombler posted on
As executor of her Will I have recently obtained Probate following the death of my mother. Her house was jointly owned with my father. My father died 5 years ago but the register was not amended to remove his name to leave my mother named the as sole owner.
Before selling the property do I need to do anything about this regarding the land registry? I cannot see a mechanism for amending the title to a sole name if that person has now also died.
Comment by AdamH posted on
Glenn - if you are selling the buyer may well be able rely on a copy of the death certificate for your Father and probate for your Mother, the latter giving you the legal authority to deal with her estate which I assume the property now forms part of. If you wish to register yourself as the legal owner then you can transfer the property by way of an assent to yourself and submit official copies of the death certificate and probate as the article explains.
Comment by richard posted on
Hi Adam, my Mother died, leaving some underleases for some land for which I collected ground rents on her behalf. My Father survives her. I am applying for probate. Do i need to update any details with HM land registry?
Comment by AdamH posted on
Richard - if the details are registered with us then quite probably but you'll need to check what is registered first. https://www.gov.uk/get-information-about-property-and-land
Comment by Eve Vickers posted on
Hi Adam,
Would really appreciate some advice from you regarding inherited property.
1). As executor and beneficiary of my mother 's property, I need to transfer ownership of property, however, I want to 'gift' 50% of the property to my daughter as a graduation present.
2). I have received probate and would like to know which forms I need to complete in order to achieve that which is outlined in step 1).
3) . Obviously, I would prefer to achieve step 1. in one go, filling in one set of forms and paying one set of fees rather than transferring property to me and then transferring property to both of us. This would save me a lot of time and paperwork, not to mention money. What would you advise and which forms do I need to download.
Comment by AdamH posted on
Eve - if you are going to transfer the property to someone other than a beneficiary you will need forms AP1, TR1 and ID for your daughter. Have a read of the article or use our short guide to link to the forms and guidance needed https://help.landregistry.gov.uk/app/contactus_bereavement?utm_medium=GOV.UK&utm_source=govuk&utm_campaign=death_contact_page_to_guide&utm_content=web_page
Whilst you don't have to use a conveyancer we would always recommend that you do as they are familiar with the forms/process, can verify your daughter's identity and can also advise on wider matters such as wills/inheritance
Comment by Eve V posted on
Thank you for your prompt reply Adam.
It was my mother's request that I handle her Will myself, rather than hand it over to solicitors etc, in order to keep me busy and out of mischief after her death. Yep, it has kept me busy and it has also been a very interesting journey. This is the last stage of the process and as I've got to here all on my own, I'm going to soldier on, hence my questions. Perhaps then, the best way for me to proceed would be to transfer property in 2 stages : from mum to me, as I am sole beneficiary and then reapply for part transfer to my daughter. Would this be a simpler way?
Comment by AdamH posted on
Eve - it seems to me that doing two transfers makes it more complicated when one will do. What is the complexity you envisage when transferring the property in your capacity as the executor to yourself and your daughter using forms AP1, TR1 and ID1 which doing two transfers will simplify?
Comment by Eve posted on
Adam,
Oops, obviously I'm having a 'Monday Moment'! Of course, why make myself extra work when doing it once will achieve my goal?!! I'll go for 'joint tenant' rather than 'tenant in common' since the split will be 50/50.
Many, many thanks for your help.
Regards
Eve
Comment by James Campbell posted on
Hi there
My mother died quite a few years ago, being sole owner of an un-registered property & left it in equal share to both myself & my brother.
My brother does not want to register the property, despite my repeated advise on its benefits.
Do I have any options to register the property myself or logging my interest in the house to protect myself?
Your advise would be greatly appreciated.
Comment by ianflowers posted on
Hi James. This is really associated with the administration of your late mother's estate, particularly regarding whether it has gone through probate and who was appointed executor - e.g. both you and your brother to act jointly or appointing one of you to act on their own.
The executor would then be entitled to register the property for the first but would need to provide the unregistered deeds and other evidence which forms part of that application. If there is delay or obstruction in the probate process then you may need to consider seeking legal advice, for example, from Citizen's Advice or from a conveyancer such as a solicitor.
In any event, the requirements when a property is registered for the first time are quite involved and most applications are lodged by solicitors on behalf of the owner(s) or successors.
Comment by James Campbell posted on
Thanks Ian for the swift reply.
It has gone through probate, my brother was made executioner with power reserved to me. That was almost 7 years ago.
My fear is that if something happens to the deeds, we will have issues proving our / my ownership or entitlement. Wandered if there was any way to protect my interest in the house even if my brother does not want to register it?
Comment by AdamH posted on
James - as it's unregistered the only place an interest might be registered would be as a land charge. The class of land charges which may be registered are listed in our PG section 13 https://www.gov.uk/government/publications/land-charges-applications-for-registration-official-search-office-copy-and-cancellation/practice-guide-63-land-charges-applications-for-registration-official-search-office-copy-and-cancellation#appendix-d-land-charges-registers
As my colleague Ian explained at present the unregistered property still forms part of her estate. It will need to be transferred to the beneficiaries as appropriate before that legal ownership changes. I would recommend that you seek wider legal advice as to what responsibilities your brother has for dealing with the estate and the property.
Comment by Kirsty Pillings posted on
Hi there. My father died without leaving a will. He had informed me just a month or 2 before his death that him and his wife and gone to amend the property deeds so that i was named as having his share on the event of his death, and his wife's son would be named in the event of her death.
Can I ask the solicitor who holds the deeds for a copy/ confirmation of this myself?
Also - is it possible for my dad's wife to change it to exclude my name after his death?
Comment by AdamH posted on
Kirsty - we register the legal ownership and it reads as if the matters raised related to their beneficial ownerships, namely what happens to their % shares following death. The registered title would not record the % shares or who they were to pass to. Such matters are often contained within a trust deed or declaration of trust and as you state it may be worth asking the solicitor to divulge their contents.
As there was no recorded will they may respond to refer you to his widow unless you have letters of administration to deal with his estate.
If the property was registered in their joint names then the legal ownership passes to the surviving joint owner. The trust as mentioned can then impact on how they deal with the property so again very much something to get legal advice on
Comment by Kirsty J Pillings posted on
Thank you
Comment by Alison Beech posted on
Hi, my father died and left his estate to my brother and I (40% each), with 10% each to two of our step brothers. The bulk of the estate is a property, which I was in the process of buying when he passed away (he had moved into a care home and I was paying the fees). My brother and I are executors and about to apply for probate, there will be no IHT as it is below threshold. In terms of the house, can it be transferred into my name for me to pay my brothers their share? Would it firstly have to be transferred into the executors' names and then transferred on? All is amicable and there is no issue with everyone agreeing, but I want to ensure we do this properly (but without incurring high solicitors fees).
Comment by AdamH posted on
Alsion - I'm afraid we can't advise you on how you should deal with the estate or how it can be transferred. We register the outcome only so would not be a party to or enquire as to whether it was amicable/agreed for example. The important factor for us is that whoever is dealing with the estate has the legal authority to do so, namely probate, and then the forms and legal deed submitted are appropriate and completed correctly. I would recommend seeking legal advice but if you want wider online comment then public forums such as Money Saving Expert and others can be useful resources or indeed your local CAB
Comment by Tomas posted on
My Nan died around 10-11 years ago now, and the house is still in her name even though my father lives there. He sadly had a stroke 2 years ago and finds it difficult to walk and do anything for himself. My auntie is saying the property is now hers, even though it’s still registered in my nans name who is deceased. But my father actually paid my auntie her share of the property before he was ill. What do I do about this and is it legal to still have it in my deceased nans name??
Comment by AdamH posted on
Tomas - you need legal advice on what action you/your Father may need to take. Properties can remain registered in the name of a deceased owner so that is not illegal. I assume from your comment that it was registered in her name alone. If so then to deal with the property/her estate you would need probate.
Our short guide will help explain what can happen next re the registered title 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
Comment by BG posted on
Dear AdamH
My father (sole owner) passed away leaving a will in which I am the sole beneficiary of his registered estate. My brother is the executor and has probate. He wishes to carry out our father's will. Who should complete form AP1 - me the beneficiary or my brother the executor? Further, in panel 6 who is the applicant - the beneficiary or the executor? Same again for panel 7 - whose name should be given here? And lastly as I currently live in my late father's house, I wish to have this address placed onto the register as my address for service. The executor lives elsewhere. So with regards to panel 9 of form AP1, I'm not clear which of the first two boxes will achieve this desired outcome. Thanks for your help.
Comment by AdamH posted on
BG - anyone can complete form AP1 and submit an application. The applicant in panel 6 is the name(s) of the person(s) to be registered as owner(s). Panel 7 has the details of the person(s) sending the application to us and to whom the confirmation of registration is then sent. If your contact address is to be the same as that for the registered property then the first option should be used. If in any doubt then simply use option 4 and add the address wanted.
There are notes to assist with completion of forms AP1 and AS1/TR1 available online and our Short Guide may also be helpful 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
Comment by John J posted on
Dear Adam H
My brother died earlier this year. He owned the family home as Joint Tenant with his wife. The mortgage has been discharged and the charge removed (presumably by the mortgage company). However, my brother's name still appears on the Register.
I am a co-executor of his will, but do not yet have Grant of Probate. Am I right that I can still submit Form DJP now (together with an original Death Certificate) ?
Can you confirm exactly which sections of the form I complete? There is nothing on the form to identify me as an Executor. I am not a Conveyancer.
Comment by AdamH posted on
John J - that is correct but I'd suggest sending an official copy of the death certificate instead of the original just in case their is a postal loss. You do not have to be an executor or conveyancer to apply and you should complete panels 1-9 inc. The ones which require specific details and which should be used based on the details provided here are 4A and 7A.
Comment by John J posted on
Thanks, Adam. By 'official copy' do you mean 'certified copy'?
I obtained several copies of the DC from the Registrar at the time we registered the death; there isn't just one original.
Comment by AdamH posted on
John 1 - you should use one of the official copies obtained from the registrar. It is for just such purposes that they are provided.
Comment by John James posted on
AdamH - thank you.
Comment by Joanne posted on
My father in law owed a property with my brother in law and both were named on the land registry. The Will states that my brother in law and husband are joint beneficiaries of my father in laws estate. The property is now in the process of being sold. Im assuming ownership of the propery transferred to my brother in law but is my husband entitled to 50% share of the half my father in law owed?
Comment by AdamH posted on
Joanne - the legal ownership, which we register, passes to the surviving joint owner. It reads as if your interest is in your late Father in law's beneficial ownership but we don't deal with that so I would recommend seeking wider/legal advice as appropriate to understand what you are entitled to and how that is realised.
Comment by Samantha posted on
My son died a few months ago and he owned a house with a mortgage. We do not want the property and would like to hand it back to the bank. Are we able to do this?
Comment by AdamH posted on
Samantha - I am sorry to read of your recent loss. Something we can't advise you on and I would recommend speaking to a conveyancer and/or the bank to discuss possible options
Comment by Kal posted on
My Grandmother recently died, she lived in a house in the legal name of her son. He bought the house, but she put money towards the purchase as well as the upkeep until she died. He promised to out her name on it but never did.
Initially they lived together but he moved out 10 years ago, so she lived on her own.
The house is up for sale and sold STC, how do we register my Grans' interest, which form? So that it can’t be sold without her beneficial/equitable interest going to her estate and ultimately to those in her will. We have the Grant of Probate. Thank you.
Comment by AdamH posted on
Kal - I am sorry to read of your recent loss. We register the legal ownership and it reads as if your interest is now in any beneficial interest your late Grandmother had and I would recommend that you seek legal advice as a result. We can't offer you legal advice on what interest she, and now you, may have. Our PG 19 explains how some third party interests might be protected on the register but I suspect much will depend on the specific details re the 'promise made' and whether the property formed part of her estate or not. That is where your legal advice must come in. https://www.gov.uk/government/publications/notices-restrictions-and-the-protection-of-third-party-interests-in-the-register
Comment by Kal posted on
Thank you AdamH. I was thinking of filing an RX1, but should this be as a Form A or Form N
Comment by ianflowers posted on
Hello. I'm replying as Adam is currently unavailable. The type of restriction you apply for wouldn't be something we could advise you on. As Adam mentioned, you'd need to get independent legal advice on that, for example, on whether another form of restriction is required/appropriate in your case, either in place of or in addition to a Form A restriction
A legal professional will be in a position to consider whether the applicant has sufficient interest to apply for a certain form of restriction based on the circumstances of the case.
Comment by kaala posted on
My Uncle passed away 20 years ago and my cousin who lives in the house still hasn't changed over the name because he left no will, no nothing, she is also 5 years back in land taxes and owes thousands of dollars, I've spoken to a lawyer they said the only thing to do is to sell and divide the money among all the surviving cousins. what kind of legal person do I talk to, to get the process moving?
Comment by AdamH posted on
Kaala - you refer land taxes and dollars so I am assuming this in not a property in England or Wales (UK). If so then you need more local advice as in relative to the specific country
Comment by Ruth posted on
My grandmother left my mother her property in her will. My grandmother's will went through probate (it's available on the government probate website). This was in 1997. My mother lived there from 1997 until her death this year. She has left this property now to me and my brother. However, on checking the title deeds on the Land Registry website it seems that my grandmother's name is still on the deeds and even though probate was done for her will the name on the deeds wasn't transferred into my mother's. How do my brother and I get the name on the deeds transferred first into our mother's name (she's named in my grandmother's will, which went through probate) and then into both my brother's and my name? It looks like it will be a two-step process. What forms do we need to fill in? I'd be grateful for any help. Thank you in advance.
Comment by AdamH posted on
Ruth - probate provides the legal authority to the executor to deal with the estate. If the legal ownership is to be changed the executor has to then transfer it by way of a legal deed. In some cases, especially where the beneficiary inherits as in your case they may not complete the transfer process. There is no obligation to do so and there is no link between the government probate process and our own.
To now transfer the ownership is not a two step process as we cannot register your late Mother as sadly she is also now deceased. As a first step you will also need probate for your late Mother. Once you have that you will have what is known as a chain of representation, namely your Mother as executor for grandmother followed by the executor for your Mother. The probates then confirm both deaths and the chain of executors (also known as personal representatives hence a chain of representation.
Your Mother's executor can then transfer the legal ownership and registered title to the beneficiaries by way of forms AP1 and AS1 as explained in the article and linked guidance. Form ID1 will be needed for any of the beneficiaries who are not named in the probate as executor.
Comment by RuthA posted on
Thank you for your help, Adam. It's a bit clearer. However, where are the article and linked guidance that you refer to in your last paragraph?
Comment by AdamH posted on
Ruth - you may find it easier to refer to our online short guide https://help.landregistry.gov.uk/app/contactus_bereavement?utm_medium=GOV.UK&utm_source=govuk&utm_campaign=death_contact_page_to_guide&utm_content=web_page
The series of Qs won't refer to the chain of representation I mentioned but treat it as if your Mother was already registered and follow the answers and links then provided. All you then need to remember is to also submit an official copy of your late Grandmother's probate with the application as well.
Comment by Ruth posted on
Thank you again for you help.
Comment by Concerned posted on
Hi. I'm hoping you can answer my query please as to whether my mother in law needs to go through probate.
She recently lost her partner to cancer, they'd been together for over thirty years, but only got married a couple of days before he died. As a result of this their wills are not valid and he died intestate. They owned a house together, no mortgage, but they were tenants in common. Will his proportion be considered part of his estate (dealt with by intestacy) or will it automatically pass to her?
Am I right in thinking she will need to go through probate as an administrator - she thinks she doesn't need to do anything, but I'm concerned that she does. Any advice would be gratefully received, thank you. Extended family are slightly disjointed and I'm wondering if she doesn't start the process of probate, can her late husbands children commence this? (Both parties have grown up children of their own, none together).
Comment by AdamH posted on
Concerned - I am sorry to read of her recent loss. The important thing here is to separate the legal and beneficial ownerships as that may help assess what needs to happen next. Strictly speaking this is a Q for the Probate service but the following may also help you
We register the legal ownership. If that is in their joint names then the legal ownership passes to the surviving joint owner. Probate is not then needed to deal with the property.
The tenants in common aspect you mention relates to their beneficial ownerships and is likely to impact on any future dealings she may have with the property. For example if the register refers to a form A restriction and she sells or remortgages she will not be able to do so alone. She would have to appoint someone to act with her or, if appropriate, apply for the restriction to be removed usually by supplying evidence that she is now the sole beneficial owner. Probate for her late partner would not be needed re identifying someone to act with her as it need not be an executor or family member/beneficiary.
If the children applied for probate this would not alter the position re the legal ownership as described. It has passed to her as the surviving joint registered owner. She should still be mindful of her late partner's beneficial interest of course when dealing with the property and as such the law around intestacy and next of kin/inheritance. But those are not areas we deal with hence the recommendation to seek wider advice
Comment by Greg posted on
Hi could please somebody help me, my dad passed away 2 years ago and there is a house that him and his girlfriend had and they had a mortgage. When i could bear to come to terms with my loss and tried to sort my dads things out and the house i was told by his girlfriend that the house is hers and and not owed nothing from my dads side. when i finally got my dads things there was the house deeds with his belongings that stated he owned 40% of the property but still she wont have any contact with us. Any guidance would much appreciated thank you
Comment by AdamH posted on
Greg - when a property is owned jointly in this way the legal ownership will pass to the surviving joint owner. Your interest it seems is in 40% of the beneficial interest in the property. We register the legal ownership so to pursue the matter re the beneficial ownership you will need to get legal advice to discuss what options may be available to you re how to prove the beneficial interest and how best to extract that value from the property/surviving owner
Comment by Tim posted on
My mother-in-law died in late May 2017, leaving her estate, including a property, to her 4 children. Probate etc has all been cleared, but for various reasons to do with dividing their possessions individually, the children are considering a redistribution and splitting of their joint assets so that only one of them becomes the owner of the property. No contact with Land Registry has yet been made; will it be necessary for them first to have the property registered in their joint names, and then reapply for it to be registered in the single sibling's name, or is it possible to miss out the first action?
Comment by ianflowers posted on
I am sorry to hear of your loss. This very much depends on the circumstances of the case. There may also be more to consider in these matters than just the registration and as a registration authority with essentially an administrative role, we would consider each application on its own merits once lodged. For example, if the redistribution involves a monetary or other type of value, then a form TR1 would generally be required and other factors such as Stamp Duty Land Tax may come into play.
If the parties are unsure how to proceed, we would advise seeking independent advice, for example, from Citizen's Advice or from a conveyancer, such as a solicitor.
Comment by James posted on
My mother passed away last November and left a will that unfoirtunatly is not valid. She requested that her property be divided equally between myself and my brother.
In 1996 my mother and farther divorced and at the time it was written into the court papers that my farther gave up all legal rights to the property.
Unfortunately my farther never removed himself from the deeds. We have now been told that the legal title will pass directly to him and bypass the estate.
My farther does not want the house but wishes my brother and I to have it. What would be the best route for him to transfer ownership to us? Will he be liable for capital gains tax if he does transfer ownership as it would not have been his primary residence since the divorce?
Comment by AdamH posted on
James - our online guidance explains how he can transfer the ownership https://www.gov.uk/registering-land-or-property-with-land-registry/transfer-ownership-of-your-property
You'll need to contact HMRC for advice on CGT
Comment by Stewart posted on
Adam. My mother in law gifted her home to her two daughters and two son in laws in 2004 but continued to live in the property rent free up to her death in July 2018. When the gift was made her solicitor put a restriction on the register so that the property could only be sold with her consent. The restriction now needs to be removed to sell the property. Will the Land Registry accept an official copy of my mother in law's death certificate as evidence that she has died and the restriction is no longer required? We intend to send this to the Land Registry with an RX3 form. Will this enable the restriction to be removed? Thank you.
Comment by ianflowers posted on
I am replying as Adam is unavailable. It will depend very much on the wording of the restriction in question, the type of application applied for - RX3 for cancellation or RX4 for withdrawal, as to the evidence that needs to be provided. I regret we cannot approve a particular course of action in advance of the application being made. Section 3.7 of our Practice Guide 19 - https://bit.ly/1WBIiCd may be of help, but please note it is written for legal professionals and may therefore contain some unfamiliar terms.
We cannot give legal advice, but if you have a more specific procedural query, then you can contact us using our form - https://bit.ly/2F6AtxU. You may also want consider getting some legal advice on how to proceed, for example, from Citizen's Advice or from a conveyancer such as a solicitor, whether consulted separately or acting in any sale.
•who is to have the benefit of the restriction after such death,
refer the application to a TT1 holder. It may be possible to produce evidence to satisfy us who has an interest in the restriction so that it can be withdrawn under r.98(2)(e).
If such evidence cannot be produced, an applicant cannot apply to withdraw it but must instead apply for its cancellation. You must cancel/reject the application with a letter setting out the reasons above and refund/return any fees. The letter of cancellation/rejection must also give the applicant the option to apply for cancellation of the restriction using form RX3.
Comment by Melvin posted on
My parents ownership of their home was changed earlier this year from joint ownership, to tenants in common by a solicitor acting for my father when he changed his will.
My mother has since died, and my father is her sole beneficiary and executor, with her half of the home being her only asset.
Their home is not registered on the Land Registry as it was bought in the seventies.
What, if any action does he need to take to transfer full ownership back to himself? Does his home now have to be registered with the land registry and will it require him applying for probate?
Thank you,
Mel.
Comment by ianflowers posted on
Melvin - I am sorry to hear of your loss. It is important to separate the legal and beneficial ownerships. We register the legal ownership and if the property was held in joint names then the legal ownership passes to the surviving owner. The tenants in common aspect you mention relates to their beneficial ownerships, namely what happens to their percentage shares following death. On registered titles, the percentage shares or who they were to pass to would not be recorded.
On registered property, where owners held the property as tenants in common this impacts on any future dealings the surviving legal owner may have with the property. But, for your father to be registered as legal owner, probate for your late mother would not be needed.
First registration with us would not be compulsory unless there is a 'trigger' event such as a sale or mortgage of the property.
Comment by Steve posted on
I am the executor for an estate containing about £350k in cash plus a house worth about £150k. There are two beneficiaries, who according to the will are to receive "equal shares absolutely" (with no other stipulations).
Consider the following possible distribution of the estate to the beneficiaries: the first beneficiary receives £250k in cash, and the second £100k in cash plus the house. Assume that both beneficiaries agree that this distribution is consistent with "equal shares".
1) Is this sort of distribution permissible?
2) Would it have to be formalised legally in some way? Is it necessary or desirable for the beneficiaries to sign that they agree to the fairness of the division? Would an assent be required to gift the house to one of the beneficiaries? If so, which forms would be required?
3) Is there any tax incurred beyond inheritance tax? For example, is the beneficiary who receives the house liable to pay stamp duty?
Comment by ianflowers posted on
Steve - we are not involved with the percentage distribution of the estate under probate rules and any tax liability - these would be questions for the probate service and you may also want to consider seeking independent legal advice on how to proceed based on the rules of probate / inheritance and on how to formalise this in a legal way.
We register the legal ownership and so our involvement would be limited to registering the beneficiary or beneficiaries as registered owners based on what is applied for in applications lodged with us.
Comment by Graham Smith posted on
My father died suddenly in 2014 without leaving a Will. My mother had lost mental capacity in 2011 due to dementia so I assumed the role as her carer until her death in September 2017. The property is registered in joint names. I'm expecting the Letters of Administration in the next few days. In order to sell the property do I need to change the name on the deed to my name or can I sell it without changing on the basis that I have the Letters of Administration? Thanks in anticipation.
Comment by ianflowers posted on
I am sorry to hear of your loss. No, if you wish, you can sell the property as personal representative supported by the letters of administration and do not need to be entered on the register as owner. Please see also our general guidance: https://www.gov.uk/update-property-records-someone-dies .
Comment by Graham Smith posted on
Thanks for the prompt reply Ian. Really appreciate the advice.
Comment by Sean Skingsley posted on
Hi, me and my partner are currently buying a property but it’s being held up by the land registry. It’s being done through probate, which is all complete.
I received this form my solicitor,
Spoken with the other side they have said it was rejected and they have done a new deed of appointment for a new trustee to be assigned but need to send to the old trustee to sign the trust deed but they are currently under investigation with the police, he didn’t say why. If they wont sign it then need to apply to court so could become quite long winded. He has said he will keep me updated.
If it does go to court, do you know roughly how long it could take.
Thanks in advance.
Comment by ianflowers posted on
Sean - as a registration authority we are not directly involved with the court process, so I regret we can't really say. Your solicitor is in the best position to advise you on this, but it is likely that the parties involved will fully explore the other avenues before applying to the court, as there can be significant delays when courts are involved which are not really predictable in advance.
Comment by Sean Skingsley posted on
Hi Ian, thanks for the response. Yeah our solicitors have said they’ve never come across this before. I might try seek legal advice from a solicitor that’s dealt with similar situations. Thanks again
Comment by J. Kay Wireman posted on
I’m thankful for this blog and useful information. I do have some questions that I’ve been searching for answers for. I’m hoping you might could help?
I am co admin (along with my uncle as he is co admin, too) over my grandma’s estate. She died intestate (without a will). She owned several properties. Two deeds has her name only. One deed has her name and her deceased husbands name (my grandfather which died in 1964). She had 12 children whom are all heirs to estate. My questions are: 1) are these properties considered part of her estate now that she has passed? I’ve always listed them as part of her estate on inventory through probate. 2) All these properties have a house and barn on each and some heirs reside in these homes. However, all heirs do not agree on how to handle these properties and it’s obvious these properties can not be divided evenly amongst all heirs. So with me being co-admin can I file a partition to petition (forced sale) on these properties in order for each heir to get their fair interest? If I do, in the state of Kentucky would these charges from a forced sale be covered by the estate? 3) I’m confused as to what catergory if any we would fall into: joint tenancy, joint tentants in common, joints tenancy of survivorship, none of the above, etc? I’ve been reading on this matter and it’s all very confusing. Some are saying that this property is not considered part of her estate since her passing n that we (all heirs) became land owners the day she died. And that this is separate from probate? I do not understand how that could be true.... since estate has been paying all property tax bills and there was no will and deeds were in her name solely except one that I mentioned that was in hers and my grandfathers name who died many years ago. Any info you or clarity you could give on these matters would be greatly appreciated.
Thank you in advance
jkw
Comment by ianflowers posted on
Glad the blog was of use. We are not involved with issues connected to the distribution of the estate under probate rules - these would be questions for the probate authority. You may also want to consider seeking independent legal advice on how to proceed based on the law in your jurisdiction - as it appears these properties are in the USA?
Comment by Martin Garry posted on
Hi. Many thanks for the blog.
If the will leaves a property to one person (son) and they want to retain the property but hold it jointly with wife do they need to assent to the beneficiary first and then do a transfer or can it all be done as one?
Thanks
Comment by ianflowers posted on
Martin - you're welcome. You may want to consider getting independent legal advice, for example, from Citizen's Advice, or from a conveyancer such as solicitor on the action to take in this case in accordance with the probate / administration process. There may also be more to consider than just the requirements for registration. But we can confirm the form AS1 is for assenting a property to the beneficiaries of the Estate.
Comment by Jean posted on
Just stumbled upon this helpful article looking for help with a probate situation. My brother has sadly passed away just a few weeks after his wife. I am his sole next of kin and am now left to deal with his estate through probate (no will). I have no idea, though, if the house was jointly owned between the two of them or was just in his/her name. If it was joint owned, for example, will the house have automatically been put into his name immediately after her death? Or is there an official process that he would have had to initiate himself? If so, I have no idea if he ever got around to it in just a few short weeks.
Thank you in advance for any help.
Comment by ianflowers posted on
Jean - I am sorry to hear of your loss. When a sole owner or a last surviving joint owner passes away, the ownership effectively passes to the personal representative of the last surviving owner to deal with the property in accordance with probate rules. However, it is rare for the personal representative to be entered in the register as owner. If you have any doubt as to how to proceed with the probate, you'd need to consider taking legal advice, for example, from Citizen's Advice or from a conveyancer such as a solicitor.
So regardless of whether your late brother owned the property jointly or as sole owner, it appears it will be left to you to deal with the estate. But you can check the position on the register by buying a copy online for £3 - https://bit.ly/2QYEIlo . Changes to the register when someone passes are not made automatically - we require an application to be made to us, so it is likely that your late brother and his wife will still be showing as registered owners.
Please also see our other guidance on GOV.UK in this area: https://www.gov.uk/update-property-records-someone-dies & https://www.gov.uk/joint-property-ownership .
Comment by Laura posted on
Hello I am in the process of buying a house off a late gentleman. It has been a very long process as the probate has only just been sent off by the executor. Can I ask if once probate has been granted the sale can be completed or if there is a land registry requirement for the executor first?
Thanks ?
Comment by ianflowers posted on
Laura - Hello. Once probate has been granted the personal representative(s) should be in a position to proceed with the sale and do not need to be entered in the register before doing so. As to completion of the sale, we can't really be certain as we're not directly involved and there is more to be considered than just the registration requirements.
Comment by Linda posted on
My parents drew up a Will, owning their house as Tenants in Common. My father passed away, so under the terms of the Will, the house is now owned 50% by my mother and 25% each by my brother and myself. My mother is elderly and has expressed the wish to continue to live in the house, aided by purchased care attendance as/when needed. Our concern is that, when her savings are used up, are we able to simply return our share of the value of the house to her to for her care, or does she need to draw up a new will, giving her ownership of 100% of the property? We’re anxious to avoid causing legal complications going forward.
Comment by ianflowers posted on
Linda - I am sorry to hear of your loss. We register the legal ownership and it reads as if the matters raised related to you and your brother's beneficial ownerships. It is important to separate the legal and beneficial ownerships as that helps to assess the options open to you.
As mentioned, we register the legal ownership. If that was in their joint names then the legal ownership passes to the surviving joint owner. The tenants in common aspect you mention and the percentage shares under the will relates to beneficial ownerships and is likely to impact on any future dealings your mother may have with the property. For example if the register refers to a trustee restriction and she sells or remortgages she will not be able to do so alone. She would have to appoint someone to act with her or, if appropriate, apply for the restriction to be removed. The shares under the will would not be needed re identifying someone to act with her as it need not be an executor or family member/beneficiary.
So you and your brother's percentage shares under the will do not alter the position re the legal ownership as described. It has passed to your mother as the surviving joint registered owner. She should still be mindful of your beneficial interest if dealing with the property and as such the law around probate and next of kin/inheritance. This will also come into play regarding your query about drawing up a new will / altering the percentage beneficial shares. But those are not areas we deal with hence you may want to consider seeking independent legal advice if you are unsure of the legal position, for example, from Citizen's Advice or from a conveyancer, such as a solicitor.
Our blog on this area may also be of interest, but please note that it has been written with legal professionals in mind and may therefore contain some unfamiliar terms - https://hmlandregistry.blog.gov.uk/2016/08/16/legal-estates-beneficial-interests-whats-difference/
Comment by Darren posted on
My dad died 2017, and was Tenants in Common with his second wife, who I am not in contact with. My understanding was that my dad had 60% share of the property, which would eventually go to myself and brother and sister. My dads second wifes share would go to her two children.
I am not in touch with her - she was my fathers executor. She has not gone through probate or transferred title deeds. If she dies without putting my fathers estate through probate, what happens to my fathers share of the property?
Comment by ianflowers posted on
Darren - I am sorry to hear of your loss.
The important thing here is to separate the legal and beneficial ownerships as that may help assess what might happen next. We register the legal ownership. If that was in their joint names then the legal ownership passes to the surviving joint owner. Probate for your late father is not then needed to deal with the property.
The tenants in common and percentage share aspect you mention relates to a beneficial ownership and is likely to impact on any future dealings she may have with the property. For example if the register refers to a trustee restriction and she sells or remortgages she will not be able to do so alone. She would have to appoint someone to act with her or, if appropriate. Probate for your late father would not be needed re identifying someone to act with her as it need not be an executor or family member/beneficiary.
Whether or not probate is applied for would not alter the position re the legal ownership as described. It has passed to her as the surviving joint registered owner as mentioned. She, or her personal representative appointed under probate she dies, should still be mindful of your late father's beneficial interest of course when dealing with the property and as such the law around probate and inheritance comes into play. But those are not areas we deal with hence you may want to seek wider advice, for example, from the Probate Service and/or from a legal professional, such as a solicitor.
Comment by Tomasino posted on
My parents house ownership was as tenants in common. They had mirror wills. My father passed away in 2011, after which my mother declared that everything had automatically been inherited by her. In 2014 my brother died suddenly leaving no will. After obtaining letters of administration and dissolving his company my mother made a new will. Unfortunately, at this stage, due to ignorance and having reached saturation point with this lengthy administrative process, the old wills got shredded. My mother passed away two months ago, leaving me as sole Executor and main beneficiary. I discovered that the title deed was still in both my parents’ names, so sent in the DJP form with his death certificate. However, this has not dealt with the restriction. Two probate applications have been applied for - one for my father (intestate) and one for my mother. I have appointed an attorney to handle these applications on my behalf.
If I’ve understood previous posts correctly, when my father passed away, the legal ownership of the property passed to her by default. Now, if I wish to sell the house, I need the Grant of Probate for my mother and a trustee needs to be appointed in addition to myself as her personal representative (or my attorney in this instance) for the Title to be ‘overreached’ (I’m assuming that ‘overreaching the Title’ is the same thing as getting the restriction removed?). This would allow the property to be sold.
But for me (or my attorney) to deal with my mother’s estate, the letters of administration would be required for my father as well as the grant of probate for my mother. Am I right?
Comment by ianflowers posted on
Tomasino - I am sorry to hear of your loss. Yes, in the circumstances you've described, the legal registered ownership, which is what we are mainly concerned with, passed to your mother as the surviving owner. If you're unsure how to proceed, you would need to consider checking the options open to you regarding dealing with the trustee restriction with an independent legal advisor, such as a solicitor, would be able advise you on the legal position regarding this.
In terms of the registration formalities, we would not require the letters of administration for your late father if you have already sent in the DJP with the death certificate which will have removed his name from the register. But it is important that mention that your responsibilities in dealing with the estate under inheritance / probate / trust law are separate from the registration process and again, you would need to consider seeking independent legal advice if you are unsure of the legal position and your responsibilities in respect of this.
Comment by Steve posted on
Hi.....is there a simple process of changing my late fathers house into my name? I am the executor of the will, I am buying my sister out, and the mortgage arrears have been paid off. So it’s merley changing his name on the register to mine, however the paperwork seems complex? If I’m able to complete the paperwork myself it would be simpler, but if it’s a complex matter is it worthwhile getting a solicitor involved?
Comment by ianflowers posted on
There is no requirement to use a solicitor, but it is worth considering if you are unsure how to proceed. Please see our blog which gives information around this - https://hmlandregistry.blog.gov.uk/2014/02/24/conveyancing-solicitor-or-diy/ .
The are a number of points to consider in meeting the legal and registration formalities which can seem complex particularly for those considering this for the first time. It also important to remember that there is usually more to consider than just the registration aspect - for example, buying your sister out would involve a transaction for value and you'd need to consider liability for Stamp Duty Land Tax and possibly other tax liability.
Our general guidance on GOV.UK gives assistance with the most common procedural aspects of lodging applications following the death of an owner, with link to the forms involved - https://www.gov.uk/update-property-records-someone-dies .
Comment by Gina Hopkinson posted on
Hello, my father-in-law passed away last year, with my mother-in-law being the sole beneficiary of his estate. She has recently discovered that his name (and not hers) is on the deeds. Does she need to get this changed? If so, how does she go about it?
Comment by ianflowers posted on
Gina - I am sorry to hear of your loss. There is no immediate requirement to update the register, but you may choose to do so to avoid delays in the future, for example if the property is sold. If not already done so, the appropriate person would need to apply for probate for your late father-in-law. Once granted, the personal representative would be in a position to deal with the property as appropriate, for example, by transferring ownership to your mother-in-law as beneficiary.
Our guidance on GOV.UK - https://www.gov.uk/update-property-records-someone-dies gives procedural assistance with the registration procedures and requirements, together with links to the appropriate forms and guidance notes / videos to help with completion.
If you are still unsure how to proceed, you may want to consider getting independent advice from a legal professional.
Comment by Carol Clarke posted on
Hello, I hope this is a fairly quick and easy query to answer.
My father passed away in April this year and left me the house. My mother had passed away a few years previously. I have recently checked with the Land Registry and the house is still registered in both their names. My father obviously never had my mothers name taken off after she passed away.
Probate has been granted to me.
Which forms do I need to fill in to allow me to sell the house (if any)?
Do I need to verify my identity?
Many Thanks
Carol
Comment by ianflowers posted on
Hello. I am sorry to hear of your loss. You will need probate for your late father as the last surviving registered owner and evidence of death for your late mother - e.g. the probate or death certificate.
Please see our general guidance on GOV.UK, which also links to the forms - https://www.gov.uk/update-property-records-someone-dies. On the forms pages scroll down to access guidance notes / a video. Identity is not required on a assent to a beneficiary, but needs to be considered if you sell to a third party and no solicitor is acting.
The registration requirements are just one aspect of inheritance / probate and if you are unsure of the legal issues and what action to take, you may want to consider getting independent advice, for example, from Citizen's Advice or from a conveyancer such as a solicitor.
Comment by Carol Clarke posted on
Thank you.
I already have probate for my late father, and my late mothers death certificate.
I've read through the guidance, can I make sure i'm getting this right?
If I want to sell to a third party, I don't need to fill in forms AP1 (to change the Register) or AS1 (to assent the title to a beneficiary) instead I use form TR1 to transfer the title to the buyer?
IE - I don't need to change the property into my name in order to sell it?
Thanks again.
Carol
Comment by ianflowers posted on
Carol - you're welcome. No you don't have to change the property into your name. But, the normal process would be pass the relevant documents to the solicitor acting for you in any sale, as it would generally be the solicitors acting for the buyer who then lodge any application to transfer the ownership. Where no solicitor is acting then identity requirements will come into play. There will also be other aspects to consider than just the registration process, such as consideration of Stamp Duty Land Tax and other possible tax liabilities.
Comment by Scott posted on
My mother has just found out, following my fathers recent death, that the property is solely in fathers name, even though they bought it together prior to getting married some 60+ years ago and was together and living in the property until his death. He had no money at the time of property purchase so mother put down the 10% deposit on the property - but that won't mean anything now.
My father also died intestate/leaving no will.
We are about to complete form PA1 but are unsure on property ownership for the form. Divorce law would grant her 50%, what is the situation of property percentage ownership here?
Comment by ianflowers posted on
Scott - I am sorry to hear of your loss. We are mainly concerned with the legal registered ownership whereas any perceived percentage share for someone not registered as owner would relate to a beneficial ownership.
This means that any transaction in an application to us would need to be from the personal representative for your late father as the sole registered owner, appointed under probate. So, probate would be the first step if you've not already done so.
As to how the personal representative then deals with the land, that is informed by probate and the law governing inheritance and there is usually more to consider than just the registration requirements. So if you're unsure how to proceed, you may want consider seeking independent legal advice, for example, from Citizen's Advice or from legal professional, such as a solicitor.
Our GOV.UK page gives general procedural guidance, on completing the forms used in this area, for example, where a personal representative transfers ownership to a beneficiary - https://www.gov.uk/update-property-records-someone-dies . This links the forms involved. On the form pages scroll down to access procedural guidance notes and an instructional video.
Comment by Scott posted on
Thank you very much Ian for your reply. We will pursue the probate route and take some legal advise as advised. Regards Scott
Comment by Mim posted on
My husband passed away in July. We are tenants in common of our house, which is registered with the LR. I know that I need to complete a DJP form and send it to you with an official copy of his Death Certificate. I can do this. I have been told that I also need to complete an AP1 and a TR1. My son and I are the executors for my late husband and have received the Grant of Probate as joint executors. In completing the AP1 will I need to include my son and apply as joint applicants? He lives in London and I live in Devon.
Does the same apply to TR1? I also know that we will need to complete an ID1 form - does this apply to each of us? I know that there are no fees attached to the DJP. What category of fees are attached to the AP1 and the TP1 forms, please? Apologies for all the questions, but I am just at the beginning of this stage of attending to his estate. Thank you for any help.
Comment by ianflowers posted on
Mim - I am sorry to hear of your loss. I should explain that as the surviving registered owner, the legal ownership passes to you as surviving registered owner. Your son may hold a beneficial interest, for example under your late husband's will, but this is separate and distinct from the registered ownership which we mainly deal with.
We essentially have an administrative role in registering changes to the ownership based on the applications made to us and so cannot advise you on the action to take. It is important to remember that in this situation there is likely to be more to consider that just the registration aspect. For example, the rules as to inheritance and probate may come into play and possible tax liability. So if you're unsure, you may want to considering seeking legal advice, for example from Citizen's Advice or from a legal professional.
We do have procedural guidance on GOV.UK relating to the completion of the AP1 and TR1 forms which links to other information such as fees - https://www.gov.uk/registering-land-or-property-with-land-registry/transfer-ownership-of-your-property . But we cannot advise whether this is the correct action to take in your situation as I've mentioned. On a transfer of ownership there are also verification of identity requirements for those who are not legally represented.
In answer to your question, any application to transfer the ownership would be by you alone as sole surviving registered owner.
Comment by Mim Gibney posted on
Hello Ian
Thank you for your kind words and swift reply. My son and myself hold the Grant of Probate and are named jointly as executors of Ken's will. I have been informed by my solicitor that I will need to firstly remove Ken's name from the register, then send in an AP1 and then a TR1. I have also read that a copy of the Grant of Probate will be sent with the AP1? If this is the case then we don't have to complete ID1. A Trust Fund will be set up for my husband's assets and when I die then the whole estate will be dealt with as recorded in the Trust deed i.e. in our wills. I'm just trying to get to grips with what needs to be done in order that there are no glitches when I die.
I very much appreciate your help and response. I feel as if I'm on the right track. I will check the fees and look at the guidance and video for the AP1. then for the TR1. My solicitor has told me that my son's name needs to be entered on the register as not only an executor but as a Trustee when the Trust fund is established. Thank you very much. I will also check back with my solicitor. Mim
Comment by ianflowers posted on
Hello Mim. Your solicitor is the right person to advise you on the action to take, for example, whether your son's name should to be entered in the register as trustee, as they can provide legal advice which we cannot offer. Also, as mentioned in the previous post, we are not directly involved in beneficial interests / shares under a trust as it is the registered ownership we mainly deal with and there is usually more to consider in these matters than just the registration aspect.
As mentioned in my previous reply, the registered ownership has passed to you as sole surviving owner. So any transfer of the land will be on the basis of you transferring the land as sole registered owner (the 'transferor') and not as personal representative. So we will need the death certificate or probate for your late husband and this can be lodged at the same time as the transfer application. If no solicitor is acting on the transfer application, we will also need evidence of identity for all unrepresented parties - for example, for both you and your son.
It seems to be something to discuss further with your solicitor as you've mentioned. Our Practice Guide - https://www.gov.uk/government/publications/evidence-of-identity-conveyancers/practice-guide-67-evidence-of-identity-conveyancers#when-confirmation-of-identity-or-rule-17-identity-evidence-is-required on our identity requirements may also be of interest, particularly section 4 which sets out when evidence is required. This guide is written for legal professionals and may therefore contain some unfamiliar terms.
Comment by Ann Thomas posted on
My husband and I held our property as tenants in common. He has since died leaving a will with me as the sole beneficiary. Do I have to apply for probate for my husband before I can sell?
Comment by AdamH posted on
Ann - you may not need probate but if your were registered as joint proprietors and with a form A restriction then you won't be able to sell on your own and would need to either appoint someone to act with you or apply now to cancel the restriction. See our PG 6 section 7 re cancelling the restriction
https://www.gov.uk/government/publications/devolution-on-the-death-of-a-registered-proprietor
If you do not know what is on the register then you can check online for a small fee https://www.gov.uk/search-property-information-land-registry
Comment by Ann Thomas posted on
Many thanks for your help Adam
Comment by Linda posted on
Hi My Mum has been in poor health with dementia for several years, I have POA for her and following a massive stroke she is now in a care home. She can't speak or convey any communication.
Dad passed a couple of months ago I have a copy of their will and know where the original is and house deeds. I am the sole executor of the estate
I've just checked with the Land Registry and Dad is the only named owner if I apply to have it removed should I replace it with Mum's or mine or both. The property is to be sold soon so I would like all legal points in place.
Comment by ianflowers posted on
Linda - Hi. I am sorry to hear of your Mum's poor health and your recent loss.
As a registration authority with essentially an administrative role we can give procedural advice regarding the completion of our forms, but can't advise you on what is the appropriate action to take in respect of your responsibilities as executor of your late father's estate. There are a number of options, and the key thing is that there is more to consider from a legal perspective when deciding how to proceed than just the registration process.
Please see our general guidance on GOV.UK which sets out the main options in respect of the registration process - https://www.gov.uk/update-property-records-someone-dies . You may also want to consider seeking independent advice, for example, from Citizen's Advice or from a legal professional such as a solicitor.
Comment by Phil D posted on
Hi.
My father in law passed away in Dec 2017. We equally own a Bulgarian holiday Apartment legally under Bulgarian law and which is registered in that country.
Until his death we split all bills 50/50 without issue.
Since his passing his family have refused to respond to my letters advising them of mounting maintenance costs and i am under pressure to clear these which i am reluctant to do as i only own half of the apartment.
I have not seen the will yet although i have requested one today online.
Please can you advise how i can find out who is the beneficiary of the 50% ownership, and indeed what is the liklihood of me inheriting the 50% due to right of survivorship?
Many thanks,
Phil D
Comment by ianflowers posted on
Phil D - Hi. I am sorry to hear of your loss.
We essentially have an administrative role in registering ownership and other interests in land in England & Wales. So we would not be able to advise you on the position regarding inheriting the 50% of a foreign owned property as surviving owner. You may want to consider seeking independent advice on this, for example, from a legal professional such a solicitor, possibly also with knowledge of Bulgarian property law.
As to the other aspect you've raised regarding getting information on the beneficiary under your late father in law's will, that is something you'd need to check with the probate office and the general information on GOV.UK may also be of interest - https://www.gov.uk/wills-probate-inheritance . Again, if you are unsure how to proceed, you may want to consider seeking independent advice, on the legal position and responsibilities concerning the probate process and inheritance.
Comment by Phil D posted on
Ian - Many thanks for your kind and timely response.
Phil.
Comment by Ken Parker posted on
Where a mortgage free property has been left to a daughter, is it necessary to register the property in the daughter's name only or can it be registered in both the daughter's and her husband's names in the AS1 form? Is a Deed of Variation required in this situation?
Comment by AdamH posted on
Ken - a deed of variation would I assume only relate to the terms of the will, if that is indeed needed. We could not advise you on that aspect.
An AS1 is one of our prescribed forms and used where an executor is transferring to the beneficiaries. If the transfer is to a third party then it would be normal to use a form TR1 instead.
Comment by Ken Parker posted on
Adam, thanks for your timely response.
Comment by Elisa L posted on
Hello. My husband died last year without will. I have recently obtained the grant of probate and i am the only executor. When he died, i was pregnant. Our only son was born early this year. His asset includes our residence home (tenants in common) and buy to let properties. All these properties have mortgages with bank. I have 2 major questions would like to seek your advice.
1) Could i apply and transfer the title of all properties under my name before the mortgage sort out? Or do i need to do it at the same time?
2) Do i need to state our newborn son as the beneficiary of all these properties?
Thank you for your help!
Elisa
Comment by AdamH posted on
Elisa - firstly you refer to tenants in common so were the properties in his sole or your joint names? Your newborn son is too young to be registered as a legal owner. He will need to be 18 before that is possible.
Comment by Elisa posted on
Thanks for the reply. The residence home is under my name and my husband's name (tenants in common, i own 33% of the share).
The buy to let properties are under his sole name.
Comment by AdamH posted on
Elisa - many thanks. Re the jointly owned property please refer to our PG 6 https://www.gov.uk/government/publications/devolution-on-the-death-of-a-registered-proprietor for guidance or use our online short guide if easier https://help.landregistry.gov.uk/app/contactus_bereavement?utm_medium=GOV.UK&utm_source=govuk&utm_campaign=death_contact_page_to_guide&utm_content=web_page
The TIC aspect may have led to a form A restriction being registered and you may wish to also deal with that when you update the register re his death.
For the properties in his sole name you will need to consider transferring them into your name as the beneficiary or into trust of you wish to protect your son;s interest for example. Very much something to discuss with a legal/financial adviser.
I would also recommend contacting the lender(s) to clarify next steps as probate will enable you to have that discussion and agree what happens next and how best to approach that.
Comment by Joanne Scott posted on
Hello. I wonder if you can help.
If someone owns an investment property as joint tenants, and that property has made a lot of capital gain, if one owner dies first, can you tell me how the capital gain is calculated if the property is then sold by immediately by the survivor? I am a bit confused as to whether half has a purchase cost as at date of death and half (i.e. the survivors share) has a purchase cost at the date it was originally bought.
Many thanks for your help
Jo
Comment by AdamH posted on
Joanne - we don;t register or deal with CGT I'm afraid so can't help answer that Q. I would suggest contacting HMRC or seeking wider legal/financial assistance as appropriate
Comment by Chris King posted on
Hello, I wonder if you could clarify the procedure in our case.
My relatives, Jack and Jill bought their matrimonial home some 70 years ago and only Jack's name was entered on the Deeds. In the 1970's the title was transferred to them both as Joint Tenants. Later, when they wanted to draw up their wills, they completed a Deed of Separation so that they then owned the property as Tenants in Common. The property has never been registered.
Jack died this year and left his share of the house to their only child, Simon. Simon and Jill are Executors of the will.
There is a desire to register the property in the names of Jill and Simon as Tenants in Common.
Am I correct in thinking that in order to do this:
Forms FR1 naming Jill and Simon as tenants in common signed by Jill as the current Legal Owner should be submitted.
Form LD listing the various documents that make up the Deeds to the property should be submitted
An official copy of the Grant of Probabate should be sent with the original Deeds to the house.
Forms ID1 will not be required as both Simon and Jill are executors as laid out in the Grant.
You will send back the original Deeds to the house.
Thank you for your help
Comment by AdamH posted on
Chris - if the property is to be transferred by Jill to Jill and Simon then that will trigger the need to register the property for the first time. Forms FR1 and DL will be required but they are signed by whoever lodges the application. That can be Jill or someone else
We will need evidence of Jack's death so an official copy of a grant of probate or death certificate
Evidence of identity should not be required if both Simon and Jill are both named executors in the probate - we do reserve the right to ask for it though if deemed necessary. We do not retain the original deeds and you should refer to PG 1 section 4.4.4 for an explanation https://www.gov.uk/government/publications/first-registrations
Comment by Chris King posted on
Thank you, that is very helpful. I will pass the information onto Simon. This is a very useful web page!
Regards
Chris
Comment by Mary posted on
Hi I live in my deceased parents house, the house was left to myself and brother, I obtained probate and have the title deeds which are still in my late parents names, can I transfer the deeds in to my name and if so how much is it to do this? And do I have to inform my brother of my intentions if I obtained probate, our relationship is very strained. Many thanks.
Comment by AdamH posted on
Mary - our online short guide takes you through a series of Qs the answers to which will link you to the guidance, forms and fee information you need. We register the legal ownership so cannot advise on how you deal with other beneficiaries or the estate/will for example and I would recommend that you seek legal advice as a result.
Comment by Jo posted on
Hi I wonder if you can help with a perplexing situation. I am trying to buy an unoccupied property which was left to two siblings by their deceased mother ten years ago. Both are listed as proprietors on the land registry deeds with a caveat that neither can sell without the other's agreement. One of the siblings died last year (there were failed attempts to sell whilst she was still alive) but unfortunately the family overlooked changing the deeds. The surviving sibling wishes to sell as do the children of the deceased sibling. To make matters more complicated, the deceased proprietor moved to the US early in her life and died having only created a US will (her children are in the US). The surviving sibling is struggling to receive clear legal advice from his solicitor on a definitive path forward. It would be extremely useful to understand the procedure the family should follow to resolve the situation. Can you please advise? Thanks
Comment by AdamH posted on
Jo - it is most certainly legal advice you need here and we cannot give you that. The legal ownership if registered in joint names, passes to the surviving joint owner on the other's death. However the 'caveat' you mention clearly impacts so it is understanding how that effects and how the benefit of that caveat may have changed on the joint owner's death. You will need legal advice from someone familiar with wills, death and how a deceased's estate is dealt with
Comment by Alison posted on
My mother was left a house by her father in 1996. However she never had the deeds altered. She died recently (intestate). Admin not her strong point! At present we have no plans to sell the house as it is rented out but wonder if there will be an issue as the deeds were not in her name? What should my first steps be? I’m aware we need to change the deeds on my parents house to my fathers name but am uncertain how to proceed or what problems could be caused by the issue in relation to my grandparents house. Will I need a solicitor? I am keen to keep legal costs down where possible
Comment by AdamH posted on
Alison - the registration aspect is often only one part of the process to consider. Have a read of our short guide and work through the Qs as appropriate. The As will link you to wider guidance and forms as required 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
Comment by Janine Chambers posted on
My mum died in December, 2015 and owned a house with her Husband not my father as Tenants in common with my mum's share of the house being left to my sister and I, her husband has had to go into a care home this year due to dementia, we put the house on the market to sell and it's come to light that, when the solictors did my mums will they only put the restriction on the freehold and not the leasehold, to which Kirklees council have been able to take my mums name off the leasehold and put in the sole name of her husband then put a mortgage on for his care fee!
The house has now sold with the proceeds of the sale being held at the solicitors, Kirklees council being able to take their money owed out of it and my sister and I left totally helpless with no money! and all I'm told is to seek legal advice. I have no money to pay for a solicitor.
The original solicitor who messed up my mum will, is getting the files from storage to look into it,but they also said I would need to get legal advice from somebody else?
The conveyancing solicitor and Kirklees Council won't help me either. What can I do? how can my mum's will be totally ignored just because a restriction was missed off the Leasehold of the land but her names on the Freehold, and her name just removed??
Comment by AdamH posted on
Janine - I am sorry to read of your difficulties here but it is legal advice you need and we cannot provide that for you. I would suggest trying your local CAB to see if they can refer you to a local solicitor for a fixed reduced fee albeit only for a 30 min/1 hour appointment for example.
You could also try online forums such as Money Saving Expert or Mumsnet where such matters can be aired and discussed or others in similar positions may have posted previously.
The only advice we can give relates to how such matters are dealt with from a registration perspective. As you already appreciate there is a distinction between a person's will and how they 'leave' their share in a property to someone and the legal ownership which we register.
For example the register is not definitive re details of how the joint owners held the property, or their wills, and the term 'tenants in common' is not referred to on the register. Joint owners may indicate that they wish to hold the property as tenants in common when they are registered or may decide to sever their joint tenancy at some stage. When this happens, and where the land is registered, we can register a Form A restriction on the registered title, namely 'No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court' and that appears to be what they did at least re one of the titles
The Form A restriction does not itself change the ownership from beneficial joint tenancy to tenancy in common. The restriction only reflects the request or change made.
On any title when a joint owner dies the legal ownership, which we register, passes to the surviving joint owner. The register can be updated at any stage following the death. It seems an application was made to update the register re her death.
The form A restriction restricts the sole surviving owner from dealing with the property but it should not prevent the local council from registering for example a charge under the Health and Social Services and Social Security Adjudications Act 1983 but this is what you will need wider advice on.
You refer to your late Mother's will being disregarded so I suspect that the issue is that the means test carried out to assess matters did not account for her will/beneficial share. That may be something to query further with social services/council as whilst no form A restriction was registered on one of the titles it may be relevant to how they complete the means test rather than whether or not they could register their charge against the title. Again very much something to get wider advice on as that is not an area we would deal with.
Although you state that the council won't assist they would normally be able to provide information on how such care charges work and can effect your home. I note that their website refers to some helplines, one or more of which may assist? https://www.nhs.uk/conditions/social-care-and-support-guide/money-work-and-benefits/when-the-council-might-pay-for-your-care/
Comment by aka posted on
I am assisting a friend with an issue with her late husbands ex wife. This is the first wife of 3 that he was married to and they had no children. The second wife left him and their 2 children. When he got married a third time, he sadly died, leaving his children from his second wife behind.
The house they all live in is the same house he brought when he got married to his first wife. According to his widow, his first wife signed over any claim to the house before he had remarried the second time; unsure how this was done.
On his passing, the first wife has now made an 'application to register a restriction' (B136 (CO)). After reading around this above application, it appears that the ex wife cannot evict the widow and her late husbands 2 children, both of whom are under the age of 18.
It also appears that the ex wife has not made or made very little payments towards the mortgage and did not pursue the application to register a restriction when her ex husband married the second wife.
This man's widow has also informed me that the ex wife was given another house by her late husband.
I could be wrong, however, it appears that the ex wife only has way of right because her ex husband had her as joint named on the mortgage.
I like to state that the ex wife was not involved until 14 to 15 years later.
What I thought I could do, is to transfer any deeds assets etc by Letters of Administration and register death using form DJP- Deceased Joint Proprietor, would this help?
I will ask for more time to resolve this matter by asking the HM Land Registry under extenuating circumstances as it appears there may or may not have been, letters sent to the window about the application made by the ex -wife.
How would this application to register a restriction affect the widow and children, who she adopted?
Although the ex wife has instructed solicitors, is there any time limitations that you can apply for a application to register a restriction?
Any help would be greatly accepted, thank you.
Comment by AdamH posted on
Aka - it's very much legal advice you need here as to how the law vies such matters and who has what legal interest. A B136(CO) notice relates to an application to register a restriction to protect a charging order against a beneficial interest. You should read that Notice and the accompanying notes and seek legal advice as to what to do. If you believe that an objection to the application is warranted then our PG 37 explains the process https://www.gov.uk/government/publications/objections-and-disputes-a-guide-to-land-registry-practice-and-procedures
Form DJP updates the register re a joint registered owner's death. So if it is registered in joint names and one of them has died the form DJP would cause the deceased's name to be removed. If the property is in joint names then the legal ownership passes to the surviving registered owner. However the beneficial interest of the deceased can still play a part and that is where your legal advice would come in. That advice would also explain how the restriction affects although it's wording should assist also
Our PG 76 on charging orders may also assist but the guides are written very much with conveyancers in mind as these are complex registration and legal matters https://www.gov.uk/government/publications/charging-orders
Comment by elaine burns posted on
my dad left property in Bulgaria ,(we was going to renovate it ,started but sadly he got ill an passed) i have A LOT OF PAPERWORK HERE, but the deeds are over there (AN THEIR SAYING there is no address on it ?????) my mum an him was separated but remained MARRIED an friends , i have tried an tried to get some sense and advice but to no avail ... my mum is 50+vat so doesn't know what to do ...PLZZZZZ COULD YOU GIVE US SOME SENSIBLE ADVICE ON WHAT TO DO .... b'cos i feel thez something not right as their not very forthcoming with the answers to my questions
many thanks
Comment by AdamH posted on
Elaine - we deal with properties in England and Wales. You'll need to contact someone familiar with land law in Bulgaria re the property and how they might view marriage/separation and how that impacts also
Comment by Andrew posted on
I live at home with my Dad, Wife and two children. I have a Joint Ownership with my Father on the property and me and my wife have yet to draw up a will. I want to ensure that my wife and children are financially safe if anything was to happen to me. I am thinking about changing the ownership to a Tenancy In Common and incorporating my wife in the ownership of the property (33% each) - My Dad already has drawn up a will but as the property is in Joint Ownership, the property is not mentioned in his will. In my Dad's will, me and my siblings have an even split of his estate. If we were to go down the Tenancy In Common route and something was to happen to my Dad, what would happen with his share of the property? Would it be split between me and my siblings?
Comment by AdamH posted on
Andrew - that's not something we can advise you on and I would recommend you seek legal advice re your legal and beneficial interests in the property and how each is best protected
Comment by Kit posted on
Hello,
I am inheriting property willed from a friend who was sole owner. However, he had three friends in his employ who lived with him, not as tenants under let, but as people who worked together and shared a living space. I am wondering if these mutual friends would need to be evicted for the property to transfer over? Or could they remain there while they search for new living accommodations?
Comment by AdamH posted on
Kit - not something we can advise on other than we register the change of legal ownership but we don't register who lives there. I would suggest trying online public forums or seeking legal advice as to what their and your rights are in these situations
Comment by David Lynd posted on
Hi, my father died some time ago leaving a leasehold flat and a share of the freehold of the building. I am the executor and main beneficiary and I have grant of probate. The lease has been transferred to me but the freehold is still in his name. What forms do I need to complete to effect a transfer of the freehold to my name?
Thank you
Comment by ianflowers posted on
David - I am sorry to hear of your loss.
As the freehold is shared, then the legal ownership passes to the surviving joint owners. The share in the property that has passed to you by inheritance relates to the beneficial ownership which is not recorded in the register. This means that an transfer of the freehold would need to involve the surviving freehold owners.
The leasehold advisory service may be able to offer advice in this area - https://www.lease-advice.org/ . You may also want to consider getting independent advice if you are unsure how to proceed. For example, from Citizen's Advice or from a conveyancer such as a solicitor.
Comment by Colin posted on
Sorry if you have answered this question before but, having combed through many of your excellent replies to others, I haven't found it!
My wife died a few weeks ago and her half share of our house has passed to my two sons as her property trustees with the usual provisions allowing me to continue to live here or for the house to be sold to buy me another.
My question is simply whether or not I need to add the names of my sons in place of my wife's with the Land Registry. I am worried that it might affect their position if they are applying for mortgages etc..
Can I simply remove my wife's name and rely on the provisions of her will (i.e. the property trust) as evidence of their share in the property when I die?
Comment by AdamH posted on
Colin - I am sorry to read of your recent loss. This is not an area we can advise you on as to what to do as it is very much legal advice you require as to how best to deal with your late wife's/the two sons' beneficial interests as well as your right to continue to live there.
You can apply to update the register re your late wife's death and that may well be sufficient. But I would encourage both you and your sense to seek suitable legal advice to cover not only the current scenario but also to discuss what may or could happen next and how that would then play out depending in part on what you decide to do next.
We register the legal ownership, which has now passed to you, but as you appreciate the beneficial interests also impact but as we do not specifically register these that is why we cannot advise you
Comment by Colin posted on
Thanks very much for your prompt response, Adam. We have a meeting fixed to discuss with our solicitor in the New Year and it is very helpful to have learned something of the issues in advance from this and other replies.
Comment by SteveT posted on
Myself the son has gone on the property with my Father, I am on the land registry with him. To protect my dad's estate we did a deed of trust, registering as tenants in common.
Without the divorce my mother is now next of Kin and his beneficiary (Instead of myself and my sibling). In regards to the Land registry do i have the right to remove him from it? In addition my Mother is trying to force sell the property months after his death, she can request the sell of the property based on the deed of trust to regain back equity but i would of thought that i would be the legal property owner.
Comment by AdamH posted on
Steve - we cannot advise you on your legal rights and you should seek legal advice. We register the legal ownership and if that is in your joint names and he has died then the legal ownership has passed to you. Anyone can apply to update the register following his death.
The issues appear to relate to the beneficial ownership and his share in that, which now forms part of his estate. This is what you need to get legal advice on as whilst you are the sole legal owner you should consider what has happened to his share and what rights his beneficiary may have
Comment by Craig posted on
Three brothers were left a property by their mother, their father having predeceased her. One brother has now died. Is that brother's share of the property part of his estate or does it go equally to the other two?
Comment by ianflowers posted on
Craig - as a registration authority we're not directly involved with the rules governing the administration of an estate. But generally speaking, if the mother has died normally the surviving executors would administer the mother's estate according to the will and the rules governing inheritance. If those involved are unsure of the legal position, they may want to consider getting independent advice, for example from Citizen's Advice or from a legal professional.
Comment by K.l.robertson-blackmoor posted on
My nan passsd away in March and my dad applied for a probabte grant very late on in September. It still hasn’t been granted yet (I have no idea why). Is there a reason as to why a grant can be delayed? Also... my dad has been living in my nans house since she passed away, he was previously homeless and I have a feeling he’s deliberately taking a long time to apply for probate etc. Is it legal for him to be living in her house when he isn’t named on the property or on a tenancy? It’s possible the bills and council tax are still in her name, and I’m unaware how these are getting paid. Legally is he allowed to live in a deceased persons house whilst probabte grant is being applied and the house goes up for sale?
Comment by ianflowers posted on
K.I. I am sorry to hear of your loss and for the delay in replying. We essentially have an administrative role in registering changes to the ownership and other interests in land once probate has been granted and an application is made to us. We're not therefore in a position to comment on the reasons for delays to the probate process, but there can be a number of legitimate reasons for this. Please see the general guidance on GOV.UK which may be of assistance - https://www.gov.uk/wills-probate-inheritance?step-by-step-nav=4f1fe77d-f43b-4581-baf9-e2600e2a2b7a . We're also not able to comment on the legal position regarding your dad staying at the property, so you may want to consider getting independent advice on this point, for example, from Citizen's Advice or from a legal professional such as a solicitor.
Comment by Lynn posted on
Needing advice my twin nephews dad died he had a mortgage it was joint tenancy with his ex partner. Will the deceased sons be entitled to any of the profits of sale of house?
Comment by ianflowers posted on
Lynn - we essentially have an administrative role in registering ownership and other interests in land based on applications made to us. We also deal mainly with the legal ownership, whereas you appear to be referring to a possible beneficial interest in proceeds of sale which we wouldn't be directly involved with. There are also lots of factors which come into play here, for example, the type of joint tenancy - Please see our general guidance on this: https://www.gov.uk/joint-property-ownership, which explains that in some situations, the property automatically passes to the surviving owner.
If you remain unsure of the legal position, you may want to consider taking independent advice, for example, from Citizens Advice or from a legal professional such as a solicitor.
Comment by Zak posted on
Hello, my mother died, my sister was made executer and was jointly on registry for house with small mortgage bought from divorce from our father. She has refused to show our mothers will. I have a brother who is still living in house who has health problems.The only info my estranged sister has passed on from my mothers wishes is that he has to be housed. I have found out that she has transferred deed/register of house to herself. Does she have to go through probate to register house or is that just for selling? Do I have any recourse to contest what is happening as I am sure she does not want to give me a share of sale etc.
Comment by ianflowers posted on
Zak - I am sorry to hear of your loss. If your sister was joint owner with your late mother, then the legal ownership would have passed to her as surviving owner. Therefore, probate and a transfer of ownership would not have been required in those circumstances. That said, those not on the register as owners may have a beneficial / equitable interest, for example, in the proceeds of any sale and much will depend on the type of joint ownership - https://www.gov.uk/joint-property-ownership.
We essentially have an administrative role and deal mainly with the registered ownership based on applications made to us. So if you unsure of your legal position and/or want to contest the matter, you may want to consider taking independent advice, for example, from Citizen's Advice or from a legal professional such as a solicitor.
Regarding your point about sight of the will, the probate office may be able to assist in this respect.
Comment by Simon posted on
I have a quick few questions about completing the forms for Assent. I am the sole beneficiary and one of two executors.
In section 14 should the deceased (as they are in effect the transferor) be listed in one box?
Should both executors named on the will sign the form (also AS1 section 12), or is it sufficient for just one provided the other is aware?
Finally, am I correct in thinking that I don't need to complete form ID1 in this case?
Thanks very much.
Comment by AdamH posted on
Simon - please see our online notes provided to assist with completing forms AS1 and AP1
https://www.gov.uk/government/publications/whole-of-registered-title-assent-as1/guidance-how-to-complete-form-as1
https://www.gov.uk/government/publications/change-the-register-ap1/guidance-completing-form-ap1
Panel 14 of the form AP1 should be completed to refer to the Transferors, namely you and the other executor
Both executors will need to execute the form AS1
ID1s are not required for either executor as named in the probate
Comment by Simon posted on
Thanks for your help.
Comment by Tom posted on
Hi, wondering if someone may be able to help here. My partners step father died in September 2017 and my partner was the executor of the will, with her mother the sole beneficiary. On his passing, the property was transferred in to my partners name (using a TR1) and I am now worried this should not have happened and the property should have been transferred directly to her mother. Can someone clarify if this should have been transferred to the executor or the end beneficiary, and if it should have been the end beneficiary if any transfers will now come with costs/tax/stamp duties etc, or affect her 'first time buyer' status?
Thanks in advance!
Comment by AdamH posted on
Tom - I assume that the property was registered in the step father's sole name. If so then from a registration perspective there is no 'should' involved and it is perfectly possible to transfer it into the name of the executor although that would normally be in that stated capacity e.g. Partner's name as personal representative of step father's name deceased.
In some cases, often where an estate is complex and therefore can take time to settle or a beneficiary is very young, the executor will be registered. However in other cases it is normal to transfer the legal ownership to the beneficiary. There is no 'penalty' from a registration point of view as and when the transfer to the beneficiary takes places at some later date
I'm afraid we do not deal with or apply costs/tax/stamp duty so you would need to seek wider/legal advice on those aspects and whether any penalties have been incurred.
Comment by Katie posted on
Hi,
I am not sure if you are able to help me please but any guidance would be gratefully appreciated.
My father and nan purchased a property as joint tenants some years ago (the mortgage was in joint names however, it was always my father that paid the mortgage) at the time my two uncles also lived in the property along with my father and nan.
When my nan passed away my uncles left the property and my father believed that the property would become soley his and he continued with the mortgage payments. He has recently received a letter from my uncles solicitors advising him that the house was transferred into tenants in common (without my fathers knowledge) and in my nans will she left everything to them and nothing to my dad (even though he had been the only one to ever pay the mortgage). My questions are:
* Should they have advised my dad that they were changing the tenancy (my dad would never have agreed to this but if he had no choice he would have at least made them contribute towards the mortgage)
* Can they force my dad to sell the property
* If my dad was to sell the property now, would they be entitled to half of the equity minus any outstanding mortgage or could we argue that they are only entitled to half of the equity from the value the house was when my nan died (my dad has spent a lot of money on renovations believing it was his property and has also paid the mortgage for years)?
Many Thanks for your help and time
Comment by AdamH posted on
Katie - the first thing to note is that we register the legal ownership, which was in their joint names it seems. If so then on your Nan's death the legal ownership passed to your Father. The tenants in common aspect relates to their beneficial ownerships, so in effect their share in the property value to put it in it's most basic terms.
The term tenants in common is not referred to on the register but owners may register what is known as a form A restriction in such circumstances. That can be done by both owners applying or by one of them severing the joint tenancy for example. It reads as if it may have been the latter here - see our online guidance for more details of how that may be achieved https://www.gov.uk/joint-property-ownership
We do not deal with wills/a deceased's estate so you should seek legal advice as to what rights the uncles have and indeed what rights your Father has in such circumstances.
If a form A restriction has been registered then your Father will not be able to sell on his own. He could do so by appointing someone else to act with him or if he were able to successfully remove the form A restriction, if it exists. You will again need legal advice to understand how the beneficial ownership, namely the proceeds of any sale, would be divided if the sale took place
Comment by Kelvin posted on
Hi,
My father in law recently passed away and was living in a house owned outright by his mother,the deeds and land registry in her name.i dont think he ever applied for probate for her after her death.they both left wills,hers being my father in law being sole beneficiary unless pre deceased which then his issues would be beneficiaries.My father in law left his estate to his daughter and a friend.his daughter is next of kin.where do we go from here? Thanks in advance.
Comment by AdamH posted on
Kelvin - if the property is registered in his late Mother's name still then you will need probate for her so I would suggest as a first step that you contact the Probate service initially to check/confirm whether probate was applied for/issued. If it wasn't then that should be applied for now
Comment by Jatvi posted on
I wonder whether someone can help me to understand my rights (if any) on fathers property in below situation:
My father passed away in 2016 (it has been 2 year now)
I had told me in hospital before dying that my mother had transferred property on her name or made will as he wasn't sure of what he had signed for. Remember my father was uneducated so he wasn't able to read or write and relied on his son and wife for all paper work through out whole life.
Land Registry documents shows that my mother had forced my father to add her name in the Deed as a joint owner as she didn't want my father to give any share to me from day one. My dad's house is FREE HOLD (No mortgage).
Note: My Dad and I had joint bank account from which we paid whole mortgage 10 years back and then I got married so I moved out.
My mother or brother has not told me anything what I owe from my father's property since he has passed away. Can I claim any right on the property or ask for my share since my mother has not paid a single penny in the mortgage ever?
Comment by AdamH posted on
Jatvi - it's legal advice you need here. We register the legal ownership but we can't advise you on legal matters such as this.
Comment by Julie Alderson posted on
Hopefully these are very simple questions that can be easily answered. My husbands parents owned their home as tenants in common and were both named on the registration, with a Form A Restriction with the Land Registry. His mother died five years ago and his Dad a few weeks ago, and my husband, an only child, is the executor of the will and sole beneficiary of the property. I know we need to submit forms AS1 and AP1 to register him as the executor and transfer title to the property from both of their names to him. We actually intend to register the title in the joint names of my husband and myself, as tenants in common. The property is worth approximately £150,000, so I can see that the relevant Scale 2 fee is £60, but what I am not clear on is whether that is one fee of £60, or whether we have to pay two fees of £60, one for each of the AS1 and the AP1? The guidance notes and charging schedules don't seem to make that clear. I understand that as he will already have the Probate, my husband won't need to complete an ID check, but as we are naming me as one of the joint transferees, do we need to complete an ID1 for me? Finally, can I just confirm my understanding that the original Form A restriction is automatically removed, since both of them have died, but as we are transferring ownership to ourselves as tenants in common, a new Form A restriction will automatically be applied by the Land Registry?
Comment by AdamH posted on
Julie - the AP1 is the application form used to then submit the AS1 so there is a single fee for a single application. AS1 is used where the transfer is to the beneficiary. If the executor is transferring to some else or extra then it would be form TR1 you should use. You will need to have your identity verified but as the named executor in the probate he would not.If you completed the form TR1 to indicate that you wish to hold the property as tenants in common then we would leave the existing form A restriction in place.
Comment by Paul posted on
Hi, my father recently passed away and left everything (including his house) to myself and my sibling, I am the executor of his will and I have been granted probate. who is the legal owner of the property? is it the estate or the beneficiaries. I have not yet contacted the land registry to change any details so currently my fathers name is on the deeds.
Comment by AdamH posted on
Paul we register the legal ownership so that remains with your late Father and by consequence now forms part of his estate. The legal ownership will not transfer to the beneficiaries until the registered title is transferred by the executor. Our online short guide explains how to complete such a transfer 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
Comment by Ikhira Thandi posted on
Hi,
I was left a written document by my friend that states that I must held of trust some land for my nephew. My friend passed away recently however, I have not signed the deed yet although he has signed it with a witness present. Am I still able to sign and witness this document and send it off the Land Registry for them to update my name to the register?
Regards
Emma
Comment by AdamH posted on
Ikhira - you'll need legal advice as to what you can or cannot do now that your friend has sadly passed away. The timing of the execution of such a document is not something we can advise you on
Comment by Hussain Zaman posted on
Hi - I wonder if you can help. My father was the owner of a property and entered into a joint tenancy with my mother and brother. My father died only 4 years after the joint tenancy was signed. As 7 years haven’t passed, does the property go back to his estate (i.e. ownership goes to my mother)?
Comment by AdamH posted on
Hussain - you'll need wider legal advice as to how the property is dealt with as part of the estate/joint tenancy/wills/inheritance for example. From a registration perspective if the property was registered in his sole name then someone will need to apply for probate as the legal ownership forms part of his estate. Probate then enables toe executor to deal with the property. The joint tenancy/will/inheritance deals with his beneficial ownership and we do not deal with that directly
Comment by Mark posted on
I wonder if you could help please? My father died in November, my mother survives him. He had a will. They own their property as tenants in common, with the survivor having a life tenancy. My fathers share passes to my two sons. There is currently a restriction on the register, I am planning to send in a form with the death certificate to remove my father from the register and leave my mother as the registered owner. Will the restriction on the register remain in place as I need it to protect my sons interest if we need to sell the home for care home fees in the future? Thanks.
Comment by AdamH posted on
Mark - the restriction is I assume a form A. If it is then it will remain on the register if you submit the form DJP and death certificate. See section 7 of our Practice Guide for more details https://www.gov.uk/government/publications/devolution-on-the-death-of-a-registered-proprietor
Comment by Mark posted on
Hi Adam, thanks for your swift reply. It is on section B: Proprietorship Register. Clause 3 states: RESTRICTION: No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of court.
Would that be a Form A?
Thanks.
Comment by AdamH posted on
Mark - Yes it is a form A restriction
Comment by Mark posted on
Thanks very much Adam. I will send off the Death Cert and done DJP. All the best! Mark.
Comment by Jane posted on
Hi
I would appreciate some advice. When my dad died in 1988 he left his house to my brother and stepbrother and I, with my mum having the right to stay for life.
However my mum sold that house in 2000, listing her and my brother as joint tenants.
I have found out that the property was listed in 1990 as owned between my mum and brother with the following restriction:
RESTRICTION: No disposition by a sole proprietor of the land (not being a trust corporation) under which capital money arises is to be registered except under an order of the registrar or of the Court.
My mum died last December and her only valid will does not mention any kind of restriction or entailment at all.
The house (purchased in 2000 by my mum alone) is listed as part of the whole estate, but there is concern that my dad’s 1988 will has been circumvented.
Can you advise?
Comment by ianflowers posted on
Jane - Hi. I am sorry to hear of your loss. HM Land Registry essentially has an administrative in registering ownership and other interests in land and we have no direct involvement in questions of inheritance and the law relating to the actions of trustees which can be a very complex area. You may want to consider getting some independent legal advice on your legal position, for example, from Citizen's Advice or from a conveyancer such as a solicitor.
Our blog may be of interest on the distinction between legal estates (which we mainly deal with) and beneficial interests (for example under a will) and the protection of such interests, including by the restriction you have referred - https://hmlandregistry.blog.gov.uk/2016/08/16/legal-estates-beneficial-interests-whats-difference/ .
You also might want to contact us to confirm the registration position around the dates you have referred to, but I should mention that fees will apply to obtain copies of information that we hold. You can send a letter or use our contact form to make an initial enquiry - https://www.gov.uk/guidance/contact-hm-land-registry .
Comment by Richard Morton posted on
My parents have both passed and my mother left the house to me and my brother, my brother lives in the house but I’m not down on the deeds as a joint home owner, how do I go about sorting this out?
Comment by ianflowers posted on
Richard - I am sorry to hear of your losses. Please see our guidance on GOV.UK - https://www.gov.uk/update-property-records-someone-dies . As you'll see, probate is required when a sole or surviving owner dies. But the position will differ if your brother is on the deeds as a registered owner. The general guidance on GOV.UK may be helpful here: https://www.gov.uk/wills-probate-inheritance .
If you are still unsure how to proceed, you may want consider seeking independent advice, for example, from Citizens Advice or from a legal professional.
Comment by Karen posted on
Hi my father recently passed away. My brother has grant of probate. I have inherited dads house. We have form FR1 to fill in for first time registration and q14 I fill in as not a conveyancer and then go to 16. Do I put my brother as transferor and then me as transferee. Thank you
Comment by ianflowers posted on
Hi. I am sorry to hear of your loss. Please see our guidance on this specific area on GOV.UK: https://www.gov.uk/guidance/completing-the-evidence-of-identity-panels-on-forms-ap1-fr1-ds2#confirmation-of-identity-requirements .
It does depend on what transaction you are seeking to register when applying in form FR1. For example, if your late father was the last surviving registered owner, you may be seeking to register an assent in form AS1 from your brother as personal representative to you as beneficiary. The general guidance for assents and transfers following someone passing away is here: https://www.gov.uk/update-property-records-someone-dies and here: https://bit.ly/2DwH0Ga . Scroll down on the AS1 and TR1 forms pages for guidance notes / an instructional video. There is also guidance on first registrations - https://www.gov.uk/registering-land-or-property-with-land-registry/register-for-the-first-time .
If you are unsure how to proceed, you may want to consider seeking independent advice, for example, from Citizen's Advice or from a legal professional.
Comment by Karen posted on
Thanks but even looking it up on all your advice it's not making sense. My brother has grant of probate. I am the beneficiary of the house. On FR1 first time registration is my brother the transferor and me transferee. We are not selling house I am moving in and we have filled out DL, AS1, ID1 and just need to know about Question 16. Also on ID1 question 11 type of application is it assent, or tranfer etc. Thank you
Comment by ianflowers posted on
Karen - Thanks for the additional information. You can use the terms 'Transferor'/'Transferee' or alternatively 'Assentor'/'Assentee'. Yes, your brother will the 'transferor' and you will be the 'transferee'. If you are using an AS1, you'll enter 'Assent' on the ID1.
Comment by Karen posted on
Thank you so much
Comment by David posted on
My mother in law died last year. She owned a house and an adjoining field, both registered separately. Can they both go on form AP1 & AS1 or does it need a separate one for each ?
Thanks
Comment by ianflowers posted on
David - I am sorry to hear of your loss. As the house and field effectively form one property you can enter the two titles on a single Ap1 and AS1. For further general guidance please scroll down on the forms' download pages for guidance notes and instructional videos.
Comment by David posted on
Thanks - will that need 2 payments ?
Comment by AdamH posted on
David - if you are able to transfer them under a single AS1 and AP1 then there would be just one registration fee as there is only one transfer
Comment by Les posted on
Good afternoon My father in law passed away in 2012 and the house was left as 50% share tenants in common and his wife still lives in the house at present. Do we need to register the death on a DJP as his wife is still in the house. If his name was taken off the register how would will know if the house was being sold if not advised by the other 50%
Comment by ianflowers posted on
Les - Good afternoon. There's no requirement to register the death at this stage, but you can choose to do so by lodging a form DJP with a certified copy of the appropriate evidence - our general guidance on GOV.UK explains - https://www.gov.uk/update-property-records-someone-dies .
Regarding notification of sale, you appear to be referring to a beneficial interest in the proceeds of sale reflecting your late father in law's will. Such an interest is usually reflected in the form of a form A trustee restriction in the register, but it important to mention that interests under a trust are held off the register and it the legal ownership that we mainly deal with.
Please see our guidance on legal and beneficial interests and the protection of such interests - https://hmlandregistry.blog.gov.uk/2016/08/16/legal-estates-beneficial-interests-whats-difference/ . This is a complex area of the law and you may want to consider seeking independent advice from a legal professional such as a solicitor who can advise you on any other steps you can take to protect such an interest.
Comment by Les posted on
Ian thank you very much very helpfull
Comment by Nicky posted on
Hi, I would like some advice please. My father passed away recently and my mum is the sole beneficiary, and myself and my brother are executors. My dad had a couple of leasehold properties solely in his name and are rented out. Those properties will go to my mum , we have sent off for probate and awaiting that, can I check, is it form AS1 and AP1 that we have to complete and send off with deeds. Also someone mentioned we have to fill out another form to inform the freehold owners of the block but I cannot see that form anywhere. We are trying to the bulk of things ourselves rather than all through a solicitor but the AS1 and AP1 forms look a little complicated , is there a website that will explain each question? Thanks
Comment by ianflowers posted on
Nicky - I am sorry to hear of your loss. Please see our general guidance on GOV.UK which explains the process and links to the appropriate forms - https://www.gov.uk/update-property-records-someone-dies . If your late father was sole owner of the properties, then yes AP1 and AS1 will be the appropriate forms to transfer to a beneficiary. Unless the properties are connected (e.g. Flat and garage) then separate forms will be required for each property. Please also note the verification of identity requirements.
On the forms pages, scroll down for procedural guidance notes for both forms and also instructional videos.
Regarding notifying the freeholders, I'm not sure which HM Land Registry form you'd be referring to. There may be an entry in the leasehold register relating to a requirement under the lease to notify or taken some action in relation to the freeholder on certain transactions. If you're unsure how to proceed, you may want contact the freeholder direct or consider taking some independent advice, for example, from the Leasehold Advisory Service - https://www.lease-advice.org/ or from a legal professional such as a solicitor.
Comment by Michael Hawkins posted on
My partner of 35 years passed away a few week ago. 5 days before her death her children under a LPA issued a severance notice changing the Tenancy from from joint to tenants in common. There is no declaration in trust in place on the deeds of the property. Joint tenancy includes in its term inheritance of survivorship. is a declaration or trust required to change this and if so what notice has to be given
Comment by AdamH posted on
Michael - O am sorry to read of your recent loss. A declaration of trust is not always required but it is the most common way a joint ownership is changed in this way. I would recommend that you seek legal advice as to the effect of the notice and the legal grounds involved. Whilst our online guidance will assist to some extent there are a few matters to perhaps consider including the LPA, the authority on which the severance has taken place and what effect that may have on you, your legal ownership and the beneficial ownership of yourself and your deceased partner's estate and of course the Attorney's interest https://www.gov.uk/joint-property-ownership
Comment by Simon posted on
Hello,
At what point would a house be considered to have changed ownership? Is it the date filled in on the AS1 form or is there a later date after some kind of confirmation from the land registry?
Many thanks for your assistance.
Comment by AdamH posted on
Simon - it starts with the date of the AS1 as once dated and executed it is a legal deed. However the transfer should then be registered to confirm the legal change of ownership
Comment by Margaret posted on
How do you apply for this in Scotland please (or similar register) My husband died and I am joint owner with no mortgage. Thank you
Comment by AdamH posted on
Margaret - you'll need to contact the Registers of Scotland. They have a different registration system to ours. https://www.ros.gov.uk/
Comment by Jane posted on
Hi, my mother, myself and my brother are on the land registry for a property. My mother has passed away and I need to change it to just my brother and myself. What do I need to do for this please?
Comment by AdamH posted on
Jane - I am sorry to read of your loss. If you need to update the register solely with regards your Mother's demise then you can submit form DJP along with an official copy of her death certificate as explained and linked to in the blog article
Comment by Jane posted on
Thank you that's really helpful
Comment by Mark posted on
My father has recently passed away. He jointly owned the house with my mother, his wife. The house is valued at £200k. When declaring the value of his estate for Probate purposes, should I put it down as £100k (50% of the house value as it was shared) or £200k?
Comment by ianflowers posted on
Mark - I am sorry to hear of your loss. We're not directly involved in probate applications, so it's not something we can answer. The general guidance on GOV.UK may be of assistance - https://www.gov.uk/valuing-estate-of-someone-who-died/estimate-estate-value which includes information on valuing joint assets.
Comment by Dave posted on
My wife passed away in 2017, leaving me her husband as sole beneficiary in her Will. Probate has been completed and all assets transferred to myself, except a 1/3 share in my mother-in-laws property. This 1/3 share was purchased from my mother-in-law in 2008, when she needed urgent funds. The Land Registry for the property was changed to add both my wife and mother-in-laws names in the 'Title Absolute' section, with the sum paid etc. But the Land Registry document does not reflect, or mention; tenants-in-common, or a 1/3 share. There are other documents from the solicitor at the time that specifies the transaction made, but these were made up by them and signed by both parties. My questions are, 1. how do I apply to the Land Registry to get my name on the document. 2. How do Land Registry know 1/3 of the property was purchased by my wife if it is not stated. 3. Do Land Registry hold official documents of sale that show this etc. 4. How do you tell if a property is held; 'tenants in common' and on what paperwork does it appear. 5. What Legal proof and protection should I have in my possession to prove the 1/3 ownership. Reading some of the stream above, I worry that the transfer has not been done correctly and that I am not protected. Our whole reason for purchasing 1/3 of the property was to give my mother-in-law protection for life, so she could live in the property until she passes. This is still my intention, but I need to get the 1/3 share in my name now, so this can pass to my children etc. All explanations grateful. Please try and explain the questions above, if its simple to transfer to me great, I would rather not have to go through a solicitor. Thanks.
Comment by ianflowers posted on
Dave - I am sorry to hear of your loss. It is important to separate the legal and beneficial ownerships. We register the legal ownership and if the property was held in joint names then the legal ownership passes to the surviving owner. The tenants in common aspect you mention relates to their beneficial ownerships, namely what happens to their percentage shares following death. On registered titles, the beneficial ownerships / percentage shares or who they were to pass to would not be recorded.
If that legal ownership is to be changed then your mother-in-law as surviving owner would need to transfer it to themselves and the new joint owner.
As to the how the original joint owners were holding the land and the percentage shares, this information may be referred to in the transfer document from 2008 or possibly in a separate trust document or declaration. We essentially have an administrative role in registering the legal ownership and any trustee restrictions based on what's applied for in the applications made to us.
Any trust as mentioned can then impact on how the surviving legal owner deals with the property and as such the law around intestacy and next of kin/inheritance may come into play which we are not directly involved with. I understand your preference not to go through a solicitor, but if you unsure as to what options are available and how best to protect any interest, then we would suggest that you consider seeking independent legal advice, for example, for the solicitor that dealt with the 2008 transfer if this is still an option
Comment by Dave Stone posted on
Thank you.
Comment by Stuart posted on
Hi, my dads partner of 20 years has passed away. In her will the home they have lived in and for which he has contributed (he paid for double glazing etc) has been left to her children although the will also states he can stay there til he dies.
Is the home to be transferred into his name or in trust for his partners children ? Who is the new owner ? Can the house be sold without his knowledge ? He’s worried he will be booted out although he has lived and adapted the house for 20+ years and his partners kids are doing all they can to get their hands on the money by selling the house ?
Any help would be appreciated
Comment by ianflowers posted on
Stuart - I am sorry to hear of you father's loss. How the children deal with the property is very much governed by the law around wills, next of kin and inheritance. This is not something we are directly involved with and as to how a deceased's estate would be dealt with under probate rules would be questions for the probate service
Regarding your father's contributions, these may amount to a beneficial interest in the proceeds of any sale. This is different from who holds the legal ownership which we mainly record and deal with. As to whether your father has such an interest and, if so, the best way to protect it, these are also not areas we deal with and so we would recommend considering seeking independent advice, for example, from Citizen's Advice or from a legal professional such as a solicitor.
Comment by Stuart posted on
Thank you
Comment by Ellen R posted on
My mother died a few months ago,she left no will but probate has been done and dusted.Due to her issues with her husband,my sister has been living with my mother for the past two years,now my mother has gone I need her to put the house on the market so that we can split the money and I can plan for whatever future I have left.She seems in no rush to put the house on the market,can I force her-legally-to sell the house ?
Thank you
Ellen R
Comment by AdamH posted on
Ellen - very much something to get legal advice on. We can't advice you on what rights you or your sister may have here as we register the outcome, for example any purchase, but we are not involved in the legal process re wills, inheritance, probate and the speed with which an estate is dealt with
Comment by Ellen R posted on
Thanks for your input but in simple terms,probate is finished/done with.The question is can I force my sister to put the house on the market ?,there is nothing to stop her doing it,no other legal issues.She says she wants to sell the house but it is taking too long,she says she knows I`m owed half the money that the house is worth.I`ve asked her to give me my half but she says she does not have roughly £60-£70k lying around,i told her in that case put it on the market...…..Any other ideas ?....That won`t cost me a fortune in solicitors fees ?
Thanks
Comment by AdamH posted on
Ellen - I understand the frustrations but they are not something we deal with or can advise you on. If you are looking for wider comment then I would suggest online forums such as Money Saving Expert or even Mumsnet where others who have faced similar experiences may be able to advise as to what they did and what results they had
Comment by Ellen R posted on
Ok I`ll give them a go,thanks for the info.
Comment by Paul Haydock posted on
Hello. My mother passed away last year and I have just received the Grant of Probate as joint executor with my Sister. Mum was a joint owner of her house with my father who passed away 12 years ago but he is still one of the registered proprietors on the title along with Mum.
My sister is the sole beneficiary of the property and I'm wondering if Dad's name on the title is an issue or can I simply fill in forms AS1/AP1 to change the title to my sister as Assent?
Comment by AdamH posted on
Paul - you can still transfer the title to the beneficiary using forms AP1/AS1 and ID1 but you should also include an official copy of your late Father's death certificate 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
Comment by Paul. posted on
Thank you Adam.
Comment by Dawn Matheson posted on
Hi, My mother passed away last october leaving her house to my Sister & I 50/50, We have Grant of Probate in our Executors names ( which are our cousins)The house isn't registered on the Land Register as my mum & dad purchased it in 1969. My Dad passed away 13 years ago, the deeds are in my mum & dads name. I am planning on buying my sister out by obtaining a mortgage, Can we do the 1st registration & transferring of the deeds at the same time upon the completion of the buy out. If we need to register it 1st how long will this take as I have been told its taking up to 6 months for 1st registration
Comment by AdamH posted on
Dawn - the transfer to whoever will trigger the need to register it for the first time so you should do it then. The average timescale for a first registration is currently around 32 working days
Comment by Dawn Matheson posted on
Thank you
Comment by Fiona Currie posted on
Hi, I am an executor of a lady who held a property jointly with her husband. The property is subject to a registered charge. I wish to notify the Land Registry of the death. Do I need to just complete the for DJP and send it to you with a copy of the death certificate or does the holder of the charge need to be involved. The charge holder has been notified of the death.
Your advice would be appreciated
Comment by AdamH posted on
Fiona - the holder of the charge is not involved so submitting form DJP and death certificate is correct
Comment by Fiona Currie posted on
Thank you for your prompt response
Comment by Gar posted on
What does one do if the executrix is living in the decedent's house, but the title is still in the decedent's name (and has been for the past 6 years) and the will explicitly states that the house is to be sold upon his death? I've tried every legal channel but to no avail, as I have no legal standing with the surrogate's court, and the only people who do, can't take any action (one is mentally incapacitated and the other is a the daughter of the executrix). Is this deemed as title fraud? Trespassing? This is in the US, not the UK, but how much different could those laws possibly be in this scenario?
Comment by ianflowers posted on
Gar - We have an administrative role in registering ownership and other interests in land and have no direct involvement with the probate process. Also, given your question about the foreign jurisdiction and how the law there will apply, you may want to consider seeking independent legal advice from those with expertise in US law.
Comment by R Campbell posted on
My father has recently passed away, my mother is concerned that the property, which they both own, is registered in my fathers name. In his will, everything transfers to my mother. Could you advise what I have to do next if it is not registered as joint ownership?
Thank you
Comment by AdamH posted on
E Campbell - I am sorry to read of your recent loss. Our online short guide takes you through a series of Qs the answers to which will link you to the relevant guidance and forms needed. Please have a read of that short guide which will assist in explaining what happens next
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
Comment by Adam posted on
Hi, My father has recently passed away and owns the family home outright with my Mum. The mortgage is paid off.
I understand that I would need to complete form DJP however as the property is not registered (purchased in 1987) how can I get the title number?
Do I need to register the property first to get the Title? If so, how?
Thanks
Comment by AdamH posted on
Adam - I am sorry to read of your recent loss. if the property is unregistered then there is nothing to update so form DJP would not be applicable. You can of course apply to voluntarily register the property for the first time and in your Mother's own name. Our Practice Guide 1 explains how this can be done https://www.gov.uk/government/publications/first-registrations
When submitting the application you would include an official copy of your late father's death certificate along with the original deeds/documents to confirm their joint legal ownership but explain why it is only now being registered in her sole name
Comment by Adam posted on
Hi, thanks for the swift response!
I think in the long run registering the property would be best. Where can I get copies of deeds from? Would the lender retain them until we ask for them or would they have been sent to us on redemption of the Mortgage? I have about 30years of paperwork to get through ahead of me so a quick win would be great!
Comment by AdamH posted on
Adam - in my experience the deeds would either be with the lender (some offer a service to retain them and keep them safe even after the mortgage has been paid off), their solicitor or bank or at home for example somewhere 'safe'. I would suggest looking for the redemption letter from the lender confirming what has happened re the mortgage and deeds and work forward from there
Comment by SuM posted on
My mother passed away in 2016 with no will. She was the sole owner of her house. She left four adult children who would each have an entitlement to a quarter of the property. We have agreed that one sibling (who is acting as administrator) will become the sole proprietor of the property and pay the three of us for the sale of our shares in the property. Please advise which form is required Tr1 or AS1 and does the sibling acquiring the property complete the forms as representative of the deceased owner (transferor) and then in their own personal capacity they are the sole transferee as well? Do the rest of us have to complete any further forms or counter sign? Thanks
Comment by AdamH posted on
SuM - forms AP1 and AS1 can be used as the administrator is transferring to a beneficiary. The rest of you do not have to involved in such an application to update the register. Your interest is in the value of your shares/payments which is not something we deal with or are involved in.
Comment by Nigel Whaling posted on
My mother and father jointly owned their house. My father died 5 months ago and now my mother has died and, as executor and NOK, I intend to sell the house. The house is registered but I did not get the chance to complete the form DJP for my father so the title is still in joint names. What is the most cost effective and efficient way to proceed? I will be engaging a conveyancing solicitor to handle the sale of the house and will provide him or her with a grant of probate to me in respect of my mother and can even provide a grant of probate to me for my father or a death certificate if that is all that is required, but should I complete a form DJP for my father to update the record at the land registry in the meantime?
Comment by AdamH posted on
Nigel - I am sorry to read of your recent losses. In my experience the seller's conveyancer will be able to complete and proceed based on the death certificate for your late Father and probate for your late Mother. I would not expect you to apply to update the register in advance of the sael in the circumstances described but very much something to check with your own conveyancer as they may have a different view from a purely conveyancing standpoint
Comment by Harry posted on
Hi,
Wonder if anyone can help. My mum passed away recently. The family house was purchased by my late father and my brother in joint names on the deed that I have now received from HMLR for £3 (only the short version). My dad never left a will when he passed 4 years ago and my brother assumed his half automatically went to mum. However, on speaking to mum's bank to report her death, they say dad's ownership would have passed to mum but we're unsure whether dad was joint tenant or tenant in common with my brother, something that particular brother is trying to find but the paperwork is from 32 years ago. Now mum has passed (again without leaving a will), all five of us (their children) are looking to selling the property as we are all agreed proceeds shared 5 ways as mum had always wished. The bank advises if there's joint tenancy then my brother can sell without any issues as he would have 100% control but if tenants in common then he only has 50% control and we need to get probate for dad's death and then probate for mum's death to obtain control of the other 50% in order to sell. Your help on this matter would be greatly appreciated if you could confirm the aforementioned in relatively true?
Comment by AdamH posted on
Harry - if the house was purchased and owned by your late Father and your brother then the legal ownership has passed to your brother. Inheritance/wills etc relate the their respective beneficial interests which are largely focused on the value of the property, namely the proceeds from any sale which would be split according to those percentages. For example your late Father's share in that value may have passed to your late Mother on inheritance but the legal ownership remained with your Brother.
The tenants in common aspect relates to the beneficial ownerships as well and is not a term we refer to on the register. If the property is registered then it may refer to a form A restriction which they applied for at some point to indicate that their joint tenancy had been severed.
IF there is a form A restriction on the register then your Brother cannot sell the property on his own. He can either apply to cancel the form A restriction by showing how he is now both the sole legal and beneficial owner or he can appoint someone to act with him and together they then transfer the property. There is no requirement from a registration perspective to obtain probate for either parent.
If the property is unregistered, and you mention that he is trying to find paperwork from 32 years ago so it may well be, then the paperwork is important but so to is the last 32 years as has their joint tenancy been split for any reason e.g. a will, a trust deed, a debt incurred by either your Father or your Brother etc. As it's unregistered we will not know but the paperwork and last 32 years may assist.
If paperwork and 32 years reveal nothing then you may be able to assume that they held it as joint tenants and the key document would be the Conveyance used when they bought. Does that offer any indication?
This is a complicated area of law re both the legal and beneficial ownerships and you also have the issues of inheritance/wills and other factors to consider. A buyer will want proof that your Brother can sell so I would strongly recommend seeking legal advice to clarify the position and to confirm next steps
Comment by Harry posted on
Thank you for the prompt response Adam and for clarifying matters, very much appreciated.
Comment by Bea posted on
When my mum died, her estate was to be split between her 3 daughters. I chose to buy my sisters out of her property, so I could live in it, having cared for her since my dad died. I paid the full asking price to the executor, and did not sign any paperwork. I have since discovered he used the wrong form to register the property with the Land Registry, using the one for beneficiaries, as opposed to transfer. He named both my daughters on this for me, though neither are named as beneficiaries in my mum's will, and I have now discovered I do not own the property, but they also own a share, though they never paid towards the purchase. One will transfer it to me, the other refuses. I cannot sell or do any improvements, or get a loan to fix things, because of this daughter, and the house is seriously in need. She said if I do anything to try to make her pay towards the cost, she will charge me rent. I am seriously at the end of my teather. The executor died, and nobody helps. I can't continue to live like live.
Comment by AdamH posted on
Bea - I'm sorry to hear of the difficulties faced but it is very much legal advice you need here as to what your options might be. We register the end result of any transfer of ownership so if you are going to contest the previous transfer by the executor or your daughter's rights then it would be a legal matter and if not resolved between you all then it would be a matter for the courts.
Comment by BARBARA WHITTON posted on
Thank you for the very fast response. We are contacting the solicitor to clarify.
Comment by BARBARA WHITTON posted on
I am executor to my aunt's will. The deeds of her house have been lost and we have discovered it has not been registered with Land Registry. We have solicitors applying for first registration. We have submitted the HMRC form IHT online. Are we able to apply for probate before the first registration has been completed?
Comment by AdamH posted on
Barbara - O would have thought you needed probate before registering the property as we could not register it in a deceased owner's name for example. As your aunt has sadly died then it would be normally be registered in either a beneficiary's or executor's name and for that you would need probate. I'd suggest having a chat with the solicitor to confirm/clarify
Comment by Jo posted on
My mother passed away recently, and my father & I are Executors of her will. She left a discretionary trust. We have just had the Grant of Probate through. Their house is owned jointly, but half now needs to be transferred to the trust.
Can you advise which forms I should complete to change the registered owners to the trust & my father? Both myself & my father are trustees.
Comment by AdamH posted on
Jo - I am sorry to read of your loss. Oir online short guide will link you to the required guidance and forms. https://help.landregistry.gov.uk/app/contactus_bereavement?utm_medium=GOV.UK&utm_source=govuk&utm_campaign=death_contact_page_to_guide&utm_content=web_page
If your Father is the surviving joint owner and the legal ownership is to be transferred then he will need to transfer the legal ownership as the guidance explains
Comment by rosa l parker posted on
my father pass away and has some land and I never had deeds i just add my name to his name but i just keep the taxes paid every year what i need to change the deed over from my father name to my name what i need to do.
Comment by AdamH posted on
Rosa - have a read of our short guide and work through the Qs asked the answers to which will take you to the relevant guidance and forms 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
Comment by Sylvia posted on
Hello,
My parents are thinking about gifting a second property to me (their only daughter). The property is in both of their names. The current state of the property is very much below the inheritance tax threshold but after renovation (which my husband and I will complete and pay for) will be over £325,000. The house needs a complete renovation and the only way we can renovate the property is by taking out a loan, which we currently cannot do as the property is not in our names. If one of my parents die within 7 years would I then have to pay inheritance tax on the property? Also, how is inheritance tax paid? Are you expected to pay it in one lump sum?
Thank you.
Comment by AdamH posted on
Sylvia - we do not deal with IHT. I would suggest you either contact HMRC or seek wider legal/financial advice
Comment by Lorrain Symons posted on
if a property is owned jointly as tenants in common and one dies leaving their share to their children in trust. Do the children need to register this change and if so what do they do please.
Thanks LorrainS
Comment by AdamH posted on
Lorrain - entirely up to the parties involved and I would recommend you all seek legal/financial advice as to what options exist and how best to proceed/protect the various interests
Once you have decided on a course of action then our online short guide will help you with wider guidance and links to the forms required if the register is indeed to be updated 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
Comment by Arthur posted on
Dear Adam,
Hoping you could provide some clarity around this scenario for me please.
My grandfather passed some years ago intestate, leaving behind a property in his name.
My grandmother and uncle applied for and gained Grant of Administration to deal with my grandfather's estate some years after, but failed to transfer the deeds into their names/attain Probate.
Both recently passed. My uncle had no will, but my grandmother did, leaving what she owned to my mother.
The only direct living party left is my mother (daughter of grandfather).
My question is whether Probate/Administration should be sought for in my late grandmother's name (as per advice from a solicitor because she had a will) or by other means into my mother's name.
Any advice would be much appreciated.
Thanks,
A
Comment by Arthur posted on
Just to add, my mother did not attain a grant of administration at the same time my grandmother and uncle did as this was done unknowingly, and she is not listed as the executor of my grandmother's will, the solicitor is.
Thanks,
A
Comment by ianflowers posted on
Arthur - I am replying as Adam is unavailable. Regarding the grants of probate in general terms, if A’s only surviving personal representative B themselves dies, on proving B’s will their executor C also becomes A’s personal representative. This is known as the chain of representation and can continue indefinitely as long as each executor appoints an executor.
From the information given, grant of probate will be required for both A and B, but you may want to seek further independent advice on this and / or consult the probate office.
I have also noted that there is an existing mortgage in favour of Santander UK Plc on the 57 Ealing Village property. Please see guidance notes ‘Before you complete form AS1’ – ‘Mortgaged land’
This can be a complex area and if you are in any doubt as to how to proceed, you can write to our Wales office who will able to give procedural advice within our Advisory policy. Please note that we cannot give legal advice, for example in relation to any tax implications, and would recommend seeking independent legal advice on these kinds of matters.
Comment by Lee posted on
Hi there
Asking for a friend - My friends parents were separated, his mother still lived in house and sold the house and moved before his Father passed, he did not take his half for some reason. When the Father passed, he left a will saying his half of the house will be left to his 2 children, my friends mother now wants to move again but he seems to think that she cannot sell without informing his sister in Australia.
Any advice please
Many thanks
Comment by AdamH posted on
Lee - something they will need legal advice on around wills and inheritance as the interest relates to the beneficial ownership his Father had. If they were joint legal owners then she should not have been able to sell it whilst he was still alive as the Father would have had to execute any legal transfer of ownership, so that may be something to also investigate further e.g. apply by post for a copy of the Transfer https://www.gov.uk/get-information-about-property-and-land/copies-of-deeds
Comment by Lee posted on
Thanks Adam, I'll be sure to show him this
Comment by Martyn Atkins posted on
Hello Adam - thank you for this post.
I have a question about registration of title which I hope you can help me with.
My father was joint executor of my grandmother's will, together with my aunt (his sister).
My grandmother died in 1999 and left her house to her two children, with the stipulation that when the property was disposed of the proceeds should be shared equally between the two.
At the time of death (August 1999) my aunt was living in the property with my grandmother. She continued to live there, and took the lead on sorting out my grandmother's affairs, including obtaining probate. Probate was granted in 2004.
My aunt has since left the property and sold it. She no longer has capacity to arrange her own affairs. In sorting through her paperwork, my father has discovered a certificate of grant of title of the property to my grandmother in 2004, five years after her death. It is followed by a certificate assigning sole title from my grandmother to my aunt.
My question is whether this initial grant of title was valid, given that the grant was made (a) to a deceased person and (b) not in accordance with the will of the deceased.
If the grant of title is invalid or void, how can title subsequently be assigned to the rightful owner?
Many thanks for any advice or assistance you can give.
Comment by AdamH posted on
Martyn - the terminology you are using are not ones I am familiar with as we do not have certificates of grant of title for example.
In England and Wales if a sole legal owner dies then probate is obtained when a recorded will exists and the named executor(s) can then deal with the estate including any property included.
If your aunt sold the property then probate presumably allowed her to do that and the beneficiaries' interests are then in the proceeds of sale
Comment by Samantha Upritchard posted on
Hi
My dads partner passed away recently and she owned her own house but my father is not on the deeds. in her will she has put that my father can live there until he passes away as long as it keeps the upkeep of the house. Then the house will go to her family. My father has put a lot of money into the house and paid all the Bill's when she was alive. Dose he have any rights to keep the house and have the deeds changed into is name. He has lived there for the pass 8 years.
Many thanks
Comment by AdamH posted on
Samantha - something you will need to get legal advice on as it's not something we can advise on. The legal ownership now forms part of her estate so any dealings with the property will rest with her executor(s). They should deal with the property in accordance with her will but your questions go wider than that as you are seeing if he has any wider rights due to his contributions over time
Comment by PeteR posted on
My father passed away in November 2018, and I'm helping my mother to execute his will and close his affairs. He was the joint owner/proprietor of a property (no mortgage) along with my mother (who survives him). They owned the property as tenants in common.
My father's will states that his 50% share of the property is to be left to his children, each taking an equal share of his 50%, and my mother is to retain her 50% ownership. My mum is now in the process of selling the house.
In your view, is it better to complete a DJP form to remove my father's name from the register, allowing my mother to sell the property, and that the 50% share of the sale price is then divided equally to the children following the sale. Or, alternatively, should we complete a TR1 form so that all three children (and my mother) are listed as owners "prior" to the sale?
The former option seems to be a much easier process, both now and for the sake of the house sale.
Comment by AdamH posted on
PeteR - we can't state what is 'better' here but with most sales it is not necessary to update the register as the buyer will rely on a copy of his death certificate as evidence of why the other joint owner is not involved.
There may though be another aspect to consider here if they applied for and registered a form A restriction to protect the TIC aspect you mention. If they have then your Mother cannot sell on her own as per the wording of the restriction. As such she would either need to appoint someone to act with her OR transfer the ownership into joint names. I would suggest the first option is the 'better' one here but something I would recommend that you speak to the conveyancer about.
I state 'better' as the option to remove the form A does not exist as she has not become the sole beneficial owner as his share has been left to his children. And appointing someone to act with her can form part of the sale/purchase Transfer deed so you have in effect two transfers in one
Comment by PeteR posted on
Thanks for your prompt reply. Looking at the title there is indeed a restriction listed, stating "No dispositions by a sole proprietor of the registered estate (except trust corporation) under which capital money arises is to be registered unless authorised by order of the court".
I suspect that this is what you were referring to, and that ownership should be transferred to joint names (as you stated in your reply).
In your view, should we seek at this stage to remove my father's name, and then add one of the children to the register to act with her (rather than the complexity of all three, which would mean that the register reflects four owners)? One of us does have LPA, which would seem to be the natural choice if you suggest just one.
Comment by AdamH posted on
PeterR - that is the form A restriction I referred to. As I said you have various options available to you so it is for you to decide how best to proceed. I actually said 'As such she would either need to appoint someone to act with her OR transfer the ownership into joint names'
Comment by PeteR posted on
Great, thanks Adam, this is very useful advice.
When you say "appoint someone to act with her" is this simply appointing someone to assist/help her when the time comes to facilitate the sale of the property, and would this be covered already by the LPA that we already have in place?
Or is this appointment of someone to act with her something specific to Land Registry affairs (and will require the completion of forms etc)?
Comment by AdamH posted on
PeteR - within the Transfer deed she would need to appoint someone to act with her and then together they would transfer the legal ownership. It's not covered by the LPA but if the attorney is acting on her behalf then this needs to accounted for when transferring the property as the form A restriction still impacts.
I would strongly recommend that you seek legal advice/assistance as clearly you have a mix of matters that need to be considered here and deciding on the best approach to take will be crucial to ensure a smooth sale.
Comment by Baz posted on
Please can you advise on this awkward situation we are in.
My wife has 2 sisters and none of the 3 talk to the mother due to other personal matters not worth explaining, now the problem we facing is the grandparents never left a will or instructions with a solicitor so from my understanding the mother will be next of kin, downloading the Title deed for the property 3 years on is still in the grandparents name. does this mean the that probate has not been informed at this point or a TR1 form completed ? can the sisters qualify for applying for the property to be transferred in their name if we engage with a solicitor ?, from what I can tell the mother is squatting in the property as she evacuated her council rental some time back.
really appreciate any view on this challenging problem.
Comment by AdamH posted on
Baz - applying for and obtaining probate is a separate matter so you would have to check with the probate service on that point. If the register refers to both grandparents then it simply means no application has been made to update the register. Probate may have been obtained but not acted upon for example and/or a property can be inherited but again the legal ownership is not updated.
The legal issue is who has inherited if there were no wills. You will need legal advice to ascertain the answer to that and/or whether the sisters are included.
Either way probate, or letters of administration where no will was recorded, will be needed to enable the executor/administrator to deal withe estate in accordance with the law
Comment by Jasmine posted on
Hello, my husband was a tenant in common of a property, along with his mother and sister. His mother died in 2014 but her name was left on the title deed. My husband has now also died, intestate, therefore as his spouse I am his sole beneficiary.
I understand that after his mother's death, he would have owned the house 50:50 as tenants in common with his sister. I would now like to legally transfer his share into my name so that everything is tied up properly, but my sister-in-law is refusing to co-operate.
Do I need her consent or signature on any form to do this or can I transfer my name to the title deed (and also remove my late mother-in-law from it), without my sister-in-law being involved? Thankyou very much for your assistance.
Comment by AdamH posted on
Jasmine - the legal ownership passes to the surviving joint owner on death. The TIC aspect you refer to relates to the beneficial joint ownership. If you have probate for your late husband then you may be able to transfer the legal ownership but you should also consider their respective beneficial ownerships when doing so and what, if any, say your sister in law has in law re same
Our PG 6 explains the registration aspects in more detail for you but it is also legal advice you need here to understand how the law views your respective interests https://www.gov.uk/government/publications/devolution-on-the-death-of-a-registered-proprietor
Comment by Barbara Marshall posted on
Can you advise me. My father died a few months ago leaving the home to my mother as sole beneficiary. His name only was on the title deeds. I have obtained a grant of probate to act for my mother. Is it essential now to transfer the name on the deeds? I have downloaded AP1 and AS1 and happy to submit these at an office with my ID. However, to get my 91 year old mother ID is problematic with her mobility issues. The solicitor would charge £600 +vat which seems excessive for something I can do on her behalf. How significant is it to complete this step? My mother was sole beneficiary of my father's will and my sister and I are sole beneficiary of my mother's will.Thank you.
Comment by AdamH posted on
Barbara - how essential it is would be something for you and your Mother/Sister to decide upon. From a purely registration perspective we would view it as being essential to ensure that the legal ownership is properly and fully registered by transferring the legal ownership to your Mother.
From a wider perspective families may not complete the transfer and simply rely on the will/inheritance. This is probably why properties remain in the family and unregistered for some years. But that may also be due to a lack of awareness from the wider registration perspective.
If you choose not to update the register then there is nothing to compel you to do so and you would not be breaking any law for example.
Comment by Barbara posted on
Thanks for your reply.
So do I need to submit AP1 AS1 and ID forms for both myself as having grant of probate and also for my mother as the inheritor of the house? Do I go to a notary or solicitors to get the ID done? Thanks again.
Comment by AdamH posted on
Barbara - you don;t need ID1 for you as you are the named executor. The ID1 form lists who can verify the identity for you
Comment by Barbara posted on
Thanks - but finally- just to be clear- I definitely need the ID verified for my mother?-
which is the trickier thing to organise in terms of getting her out.
Thanks
Comment by AdamH posted on
Barbara - that is correct. If there are real difficulties in her having her identified by a conveyancer in so far as for example they will not visit her to do it, then you can contact us with the specific details (inc efforts considered/made to complete the requirement) and the support team can consider the request for an alternative means of completing the verification https://help.landregistry.gov.uk/app/contactus_general/?utm_medium=newsletter&utm_source=govuk&utm_campaign=death_contact_page_to_contact_form&utm_content=web_page
Comment by Wayne posted on
My Wife recently passed away .We were married for 26 years .When we bought our house I was not put on the the deeds as a joint owner .
I have 2 grown up step children and 2 children of my own .Can I stay in the house or do I have to sell it and give a share to my step children .The house is worth about £280,000 .Or can I transfer house into my name .
I have discussed this with them and told them when I eventually sell they will get an equal share as I want to help them .
Thanks
Comment by Wayne posted on
I forgot to say there is no will .
Comment by AdamH posted on
Wayne - I am sorry to read of your loss but this is very much something you need to get legal advice on. We register any outcomes from that advice/your decisions and it's advice from a solicitor familiar with deaths, wills and inheritance you should speak to
From a purely registration perspective you will need letters of administration as there was no will in order to deal with the property. This is obtained through the probate service, probate being issued where a will is recorded. Our online short guide then helps with regards registering any next steps you then decide to take re the property 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
Comment by Darren posted on
My father in law has recently died. His will clearly expressed that his share of the family home was held as a tenant in common. His wife’s will contains a similar statement regarding her share for when she dies.
His will also states that his share of the house should be split 50/50 between his son and daughter on his death. He also stated that his wish was that his wife be allowed to remain in her home until her death when her estate would also be split 50/50 between son and daughter.
Should we use form TP1 to notify the HM Land Registry of the change and should the executors do this?
Comment by AdamH posted on
Darren - form TP1 is used to transfer part of the property e.g. garden land. You can only Transfer the whole of the legal ownership so IF a transfer was required then it would be form TR1 you would use. On his death the legal ownership passed to the surviving joint owner, his wife, so if the legal ownership was to be transferred then she would have to do that to herself and the beneficiaries.
The executor is authorised to deal with the deceased's estate. That would not include the legal ownership of the property.
The wills and their shares relate to the beneficial ownership so I would strongly recommend that you all seek legal/financial advice as to what options are available to you to ensure that your various interests are protected. That may mean that you do transfer the whole of the legal ownership but the question of 'need' is one for you all to decide upon. You may find that you choose to do nothing re the legal title which we register.
Comment by WG posted on
My mother passed away recently. Myself and 2 sisters are joint executors and beneficiaries. My mother got divorced a few years ago and reverted back to her maiden name. The house is solely registered to her, but still under her married name.
We have probate (in her maiden name), so we can sell the house, but Im not sure how we go about it. Do we have to change my Mother’s name with the land registry or can we sell the house using the probate paperwork (we have her deed poll name change documents and decree nisi).
Please can you advise?
Comment by AdamH posted on
WG - if you have probate and sufficient evidence to confirm the change of name then a buyer/their conveyancer are likely to be able to accept that evidence and proceed with any purchase. You do not have to update the register on that basis.
Comment by WG posted on
Fantastic! Thank you for such a promp response
Comment by Caroline Johnson posted on
I am hoping for a little clarification please. My father died 6 years ago and left his entire estate to my mother in his will. My mother, myself and one of my sisters are executors. The property is a small holding (under 6 acres), was in my father's name only and has never been registered. She is not looking to sell just yet but will probably do so in a few years time. I think it would be a good idea to register the property in readiness for a future sale but I am not sure if this would be voluntary as it will also need to be transferred in to my mother's name. Part of the property has potential for planning permission for housing so is it possible to register the property as two separate parcels with individual title numbers? Both still in my mother's name of course, in accordance with my father's will.
What forms do I need and do I need to complete them in a specific order? To complicate matters further, my mother now has Alzheimer's Disease and fluctuating mental capacity but my sister, (also the third executor), and I have a registered LPA for her financial affairs.
Any pointers will be gratefully received.
Thank you.
Comment by ianflowers posted on
I am sorry to hear of your loss and your mother's illness.
If you take no action until it's decided to sell the property then registration for the first time is not required. If you decide to register for the first time now, it will be a compulsory registration triggered by an assent of the property by the personal representative(s) to your mother as beneficiary. So a first registration application will be required and information on GOV.UK gives guidance including links to the forms required (including the AS1 form - where the property is being inherited): https://www.gov.uk/registering-land-or-property-with-land-registry/register-for-the-first-time .
This can be a complex area particularly for those completing the forms for the first time and given the identity verification requirements for certain parties who are not professionally represented. Also taking into account the additional aspects of potentially lodging a separate application for the development land and your mother's lack of capacity. You may therefore want to consider seeking independent legal advice, for example from a conveyancer such as a solicitor, who would also be able to act on your behalf on any application.
Comment by Craig Allen posted on
My father has just died and left everything to my mother in his will. The house deeds are in his name as sole owner. There is no mortgage on the property. I am the executor of the will.
In order to transfer the deeds to my mums name will i have to apply for probate or will a death certificate suffice?
Comment by AdamH posted on
Craig -if it is in his sole name then probate will be required 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
Comment by Elizabeth Scott posted on
x husband died recently.he bought the house we were living in after we were married.He left property to one of his family members. The execs of his estate have recently contacted me to ask me to take my name off the deeds as i am on them and on my decree absolute as a caution. Did not know and do not know what this entails.The house has been sold by auction and execs have contacted me again as i am stopping the new buyers from continuing with the sale.Do i have any rights as i was offered £500 in the early 90s which i now think was some kind of settlement which i refused.Advice would be appreciated.
Comment by AdamH posted on
Elizabeth - it's legal advice you now need. If you are registered as a joint owner then you will need to be a party to any onward sale so very much something to discuss with a legal adviser
Comment by Linda posted on
I have a complex question - I co-own a property with a friend who has died. It is my home and my friend never lived there. There is no restriction on the deeds although we both signed a Trust Deed during the conveyancing and owned as Tenants I n Common. The property is mortgage free. He has left his 50% share to his 3 children, so they will each be beneficiaries of one-sixth of the property. His widdow was his executor and I am not related to her, him or his family. I believe they are having Assent forms drawn up so that she can transfer his share to them, but I now think that perhaps she cannot do it, as the house passed legally to me. I am seeking a way of dealing with co-owning with them until the property is either sold or bought by me, and how to proceed to protect everyones portions. They will want their own portions to go to their children I should think, and not to the other 'beneficial owners' and certainly not me but I am not sure how to get this set this up, or if it would be necessary to do this.
I understand that as I am the sole surviving joint owner I am now the only legal owner. I believe his children will want to appear on the deeds with me, even though they are legally beneficially entitled, for a sense of security.
First question set: Is it correct that I am the only person who can authorise the change of names on the deeds? Or can they, as inherritors change this or cause me to change this, or his widdow, who has the death cert and Assent forms are being drawn up?
Second question set: I do not have access to the death certificate, can I remove their father's name from the register, if I add the children? If I can't, and I do add his children, this will mean there are 5 names on the register, although one of the names is deceased.
Third question set: now that he has died, I would like to try to purchase their half, if the children want to sell. Is there any necessity to change the names on the deeds if I am to buy? Or is it possible to simply have the deceased owner's name removed, and how can this happen?
Fourth question set: Is the only way to create a new Tenancy in Common between us during this interrim period to remove his name, add theirs and add a restriction and sever the tenancy, and is it possible or necessary to do this, or to create a new trust deed if their names are not on the deeds?
And finally, question 5: Would we all be joint tenants now, by dint of their father's death and therefore all legally own equal shares, which is not how the property should be divided up?
I'd really appreciate it if you can cover as much of this as you can - I haven't found the answer in the blog, where a non- family member now owns a property with non-related others.
Comment by AdamH posted on
Linda - a few things to mention initially. The first is that when a joint owner dies the legal ownership, which we register, passes to the sole surviving registered owner; the term tenants in common is not referred to on the register and it along with any trust deed relate the owners' beneficial ownerships rather than the legal one; you can split the beneficial ownerships but you can only deal with the whole of the legal ownership so the deceased's executor cannot assent a half share in the legal ownership as suggested
First question - any transfer of the legal ownership would be made by you as the sole surviving registered legal owner.
Second question - you can apply to update the register re the death as explained in the blog article. You would need an official copy of the probate or death certificate and you can obtain these online from the relevant authority for example https://www.gov.uk/order-copy-birth-death-marriage-certificate
If you decided to transfer the legal ownership to yourself and his beneficiaries then you can do so and submit a copy of the death certificate. See our online short guide for assistance 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
Third question - if you want to buy their share in the beneficial ownership then you can do so but it would not alter the land register. You would still apply to update the register re the death but any purchase of the beneficial share would not be registered with us.
Fourth question - ther are a variety of options available to you and we can't advise you on what is necessary or what the best option is for you and/or the beneficiaries. We register ther end result of such considerations be that a Transfer to all of you with or without severance /a trust deed or otherwise. It's legal advice you all need as to how bet to proceed and ensure that all interests are adequately protected and aware to all as appropriate. We are not a party to such considerations
Question 5: the term joint tenants is also not referred to on the register. It reads as if you all have shares in the beneficial ownership but as explained that is not the same as the legal ownership.
How this should now be dealt with is a matter between you and the executor/beneficiaries. You have options to consider and that does not solely focus on the legal ownership which we register hence the need to get legal advice and agree what is best for All in such scenarios
Comment by Linda posted on
Thank you so much for your prompt and helpful comments, Adam.
As the previous co-owner died abroad where he lived, do you know if his death would still be registered here in the UK or is this outside your knowledge?
Thanks again
Comment by AdamH posted on
Linda - outside of my knowledge but as probate has been granted you could search for and obtain that instead
Comment by Binu posted on
Hi,
My husband died last year in July. His properly is in his sole name. I have grant of probate in my name. Properly is registered in my hus band name. Properly have mortgage arrears £195000. I need to register the property in my name.
I need to know the details. If it possible to register the property in my name?
Comment by ianflowers posted on
Binu - I am sorry to hear of your loss. Please see our guidance on GOV.UK under the headings 'When a sole owner dies' and 'transfer to a beneficiary'- https://www.gov.uk/update-property-records-someone-dies . There are links to the forms involved and on those forms pages, scroll down for a guidance leaflet / an instructional video. As to the mortgage arrears, that's not something we are directly involved with and you may need to consult the mortgage company. From the registration perspective, if there is a restriction in favour of the mortgage company in the register then this will usually limit the power of the registered owner or beneficiary to deal with the land, for example, without the consent of the mortgage lender.
Comment by DavidB posted on
Hi,
My friend's property is owned as Tenants in Common with a 50/50 share. One partner has passed away. There has been an issue obtaining probate as it is being applied for with a copy of the will as the original cannot be found.
Can the survivor remove the deceased partner (not married or in civil partnership) from the property? I understand the restriction would remain. The survivor wants to put a new charge on the property and cannot whilst the deceased partner is still showing on the land registry.
Comment by AdamH posted on
DavidB - anyone can apply to update the death of the registered owner as the death is sadly a matter of fact. If a form A restriction has been registered then that would remain until an application were made to remove it. The form A restriction restricts a sole surviving registered owner from taking receipt of capital monies e.g. a sale, mortgage or lease to say a third party for money. However they could appoint someone to act with them to do so.
A lender would not usually agree to or be able to secure a loan against the title if there was one registered owner/borrower IF there is a form A restriction in place also
Comment by Jan posted on
Hi
My Mum died in 2006. I was one of the executors of her will and as she only had a bank account with a small balance no probate was applied for. Now my father is in a care home and his house will need to be sold but the house is still registered in joint names. Will I need to apply for probate in my Mums name even at this late stage before I can change the title in to just my Fathers name?
Comment by AdamH posted on
Jan - if the house is registered in their joint names then the legal ownership passed to your Father. So you don't need probate for your late Mother. You can apply to update the register, as explained in the blog article, by submitting form DJP along with an official copy of her death certificate
Comment by Jan posted on
Hi Adam
Thank you very much for your prompt reply, it really is appreciated and you have explained that the legal ownership passed to my Father. I'll submit the form DJP and send an official copy of my Mums death certificate. Thanks again. Jan
Comment by Nick posted on
Hello. My mum died last year. She was the sole owner. My sister and myself are the only beneficiaries and and it has been decided between us that I will live in the house, with a 75% ownership and my sister with have 25% ownership. Having looked into this, I understand we need to change the deeds so we become Tenants In Common. Can we fill in the necessary forms for The Land Registry ourselves or will we need a solicitor? We have a copy of the Certificate Of Ownership but the original is held by my mum's solicitor. Thanks in advance for any advice.
Comment by AdamH posted on
Nick - you do not have to use a solicitor but we always recommend that you do as they are familiar with the forms/process and can offer wider legal advice.
I'm unsure what a Certificate of Ownership is but have a read of our online short guide to help decide on what happens next re the property ownership for example 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
Comment by Nick posted on
Thanks for the swift reply Adam. I actually meant we have a copy of The Title Deeds, with the solicitor holding the original. We have downloaded the form regarding changing the name(s) but we notice we need to supply a certified copy of the deeds with the application. Is the copy we have classed as certified (it still has the covering letter from the solicitor with it from 2002) or do we need things "freshly" certified, so to speak!
Thanks
Nick
Comment by AdamH posted on
Nick - if the property is registered then we don;t need a copy, certified or otherwise. The register is held by us electronically so it reads as if all we need is an application to update the register as explained in the short guide
Comment by Nick posted on
That's great, many thanks.
Comment by TNS posted on
My Father passed away and we have been trying to find the Solicitor that was dealing with the land and transfer. Father is marked as an owner of a plot on a master plan. We know he is because I have a letter from the Local council referring to the plot number. Now it would be nice to pop into the LR offices (Surrey is in Durham) and bring whatever paperwork I have in order to process the transfer into my name as the eldest Son. Some time ago we contacted the LR and was confused by what form is needed to declare the ownership of the land. What is the best way forward, do I go back to the sellers' Solicitors and get them to deal with mine? The value of the plot isn't great and it will cost more to sort out this mess then it is worth. I tried a local free advice Solicitor who advised contacting the original sellers. The land is in my Fathers name, but not a title deed as such just a plot on a registered title.
Comment by AdamH posted on
TNS - it might be better for you to contact us direct with the specific details inc title number (of it is registered) so we can check and advise as appropriate re next steps. https://help.landregistry.gov.uk/app/contactus_general/?utm_medium=newsletter&utm_source=govuk&utm_campaign=death_contact_page_to_contact_form&utm_content=web_page
Comment by Ciril posted on
Hi,
I am facing an issue. My mother recently passed away and we (family) have good reasons to believe that she owned or co-owned a property in the UK. We have a death certificate and the potential co-owner's name. What is the proper procedure to try locating the potential property? On a side-note, neither my mother nor we are residents of the UK (we come from Europe). Any help on this matter would be greatly appreciated.
Kind regards
Comment by AdamH posted on
Ciril - you can search by a deceased's person's name providing you have the necessary authority to do so. That would normally be probate for the deceased person confirming that you are their personal representative https://www.gov.uk/government/publications/searches-of-the-index-of-proprietors-names
Form PN1 is used and the cost is £11 per name searched.
The search result would confirm all interests held by a person with that name. You would then search each registered title as appropriate using the name and geographical location
Comment by Ciril posted on
Thanks Adam for your reply, it helps a lot. One more question, does the search result in a list of currently owned properties (in her name) or even ones that my mother owned and potentially sold/transferred ownership.
Comment by AdamH posted on
Ciril - just current.
Comment by Ciril posted on
Adam - and is there a way to check past records?
Comment by AdamH posted on
Ciril - I'm afraid not by name. But if you identify a registered title then yes normally
Comment by Ciril posted on
I have one more question after a long time of dealing with many formalities. Could you please tell me how it is possible to pay the fee from abroad? As I understand credit card payment is only possible at one of the offices and I do not understand how I can use cheque or postal order. Any information would be greatly appreciated!
Comment by ianflowers posted on
Ciril - When applying from abroad, the fees would need to be paid in GB Pounds Sterling using a Bankers Draft or International Postal Order.
Comment by Ciril posted on
Hi ianflowers, thank you for your reply. I have investigated this matter and in my country of origin, both the International Postal Order and the Bankers Draft require an account number of the recipient (HM Land Registry) and the former can only be transferred in Euros. Is there a way to obtain the account number to send the Banker's Draft?
Comment by ianflowers posted on
Hi. It may be possible to arrange direct payment in this instance. We'll send you an email with details using the address you've given and once we have your response we'll consider this asap.
Comment by Esther posted on
How does my friend register her legal rights share on property of deceased husband. To avoid property being sold without her knowledge
Comment by AdamH posted on
Esther - all depends what her legal rights are and she should seek legal advice on that aspect to help decide whether she has a registerable interest or not. Our PG 19 deals with the registration of third party interests. https://www.gov.uk/government/publications/notices-restrictions-and-the-protection-of-third-party-interests-in-the-register
If she is worried that it might be sold then she may wish to consider placing a Property Alert on the property/title as well or if her interest is not registerable https://www.gov.uk/guidance/property-alert
Comment by George posted on
My sister died without leaving a will.
I have applied to be the administrator of her assets.
She has a small house which is only worth £50000. It is her only asset.
There are four siblings and we will each get an equal share.
My brother wants to buy my sisters house and will pay the market price.
Can we just change the name on the Land Registry and then just sort out the money between us?
Comment by AdamH posted on
George - the administrator can transfer the ownership as per our online short guide. https://help.landregistry.gov.uk/app/contactus_bereavement?utm_medium=GOV.UK&utm_source=govuk&utm_campaign=death_contact_page_to_guide&utm_content=web_page
We deal with the end result, namely the registration of any update to the register. You don't have to tell us the circumstances or what arrangements are being made re monies etc but you do have to lodge the forms and supporting evidence as explained in the guidance.
If you do not want to seek legal advice then you could try the local CAB or online forums such as Money Saving Expert, Mumsnet etc to see if others who have been through such things can share their own understanding
Comment by Maria Jefferies posted on
My late mother left a will and restriction A on land registry for my nephew to inherit 50% in holiday home. She severed her link joint tenancy to my father who had 50%.. My mother passed first, my nephew did not change the name on land registry to himself then my dad passed, my sister and I have grant of probate for our late father only estate:
if the interest in the deceased's beneficial share my mother's 50% would only sale monies,
1. is the sale money for the holiday home part of my fathers estate debts and can be deducted from the sale before settling my nephews share .
2. Do we have to only include the liabilities and debts of the holiday home before settling his share?
The property is on the market and currently being sold, unless we agree with legal his share the property solicitor will hold the funds until agreed by both parties.
Comment by AdamH posted on
Maria - we can't advise you on such matters I'm afraid as they relate to their estates and the beneficial interests of others. You'll need to seek legal advice from someone familiar with wills/estates and inheritance
Comment by ianflowers posted on
Vaughan - I am sorry to hear of your loss. If you are referring to financial shares then this would fall outside of our responsibility. You might be interested in the information on dealing with a deceased person's estate on GOV.UK - https://www.gov.uk/wills-probate-inheritance/if-the-person-left-a-will and you may also want to consider seeking independent advice from a legal professional.
Comment by Maria Jefferies posted on
Hi Vaughan
Thanks for your interest, I would contact the Land Registry if shares in property or if shares / bonds I contacted the broker directly who advised me it is the responsibility of the executors or the Will who came cash the shares in
Hope this helps 🙂
Comment by Albert posted on
Thanks for this blog, it's a great resource. Can I ask a few questions please. A house was jointly owned by my Mom and Dad. After many years it was later changed to tenants in common using severance and standard form A restriction. The intention was my Dad was going to update his will before he died many years ago, but he did not. So the will remains that he left his whole estate to my Mom. However, his will was not probated. Now, my Mom has recently passed away, before any action has been taken on my Dad's estate.
Questions:
Noting that the house was tenants in common, did the house transfer automatically to my Mom on my Dad's death, or do we need to pass ownership to Mom? Do we need to complete any form?
Our intention is for the house to be sold, can this be done using the grant of probate, or do we have to transfer ownership to Executors before this can be done?
Comment by AdamH posted on
Albert - where you have joint registered owners the legal ownership passes to the sole survivor on the death of the other. The form A/TIC aspects you refer to relate to their beneficial ownerships.
As they have now both sadly passed away you will need probate for your Mother and death certificate for your Father to confirm their deaths and confirm who is dealing with your late Mother's estate. There is usually no need ot transfer ownership to the Executors before selling
If the probate names two or more executors (personal representatives) then the form A restriction will not 'bite' on any sale. It seems that is the case here as you refer to 'Executors' and 'We'. ON registration of the purchase the new owners would be registered and the form A restriction cancelled automatically
Comment by Annie posted on
Hello,
My father earlier year and left his property to myself and my brother.
we have probate, it is freehold, there is no mortgage. We plan to turn into an HMO.
I had assumed we would need a conveyancer to transfer said property into our names. It seems we complete a form for Land registry?
How do we ensure the property is owned by myself and my brother as tenants in common?
I am concerned should I die, if we were joint tenants, my share would pass to my brother rather than my children.
thank you in anticipation
Comment by ianflowers posted on
Hello. I am sorry to hear of your loss. You can complete the forms to change the register and send to us, but there is often more to consider than just the registration aspect and so you may want consider seeking independent legal advice, but there is no obligation to do so.
Please see our general guidance on GOV.UK which explain the process - https://www.gov.uk/update-property-records-someone-dies?step-by-step-nav=4f1fe77d-f43b-4581-baf9-e2600e2a2b7a . There are links to the forms pages. On those pages, scroll down for guidance notes and an instructional video. The forms and guidance refer to completing the section relating to a declaration of trust. But we can only give procedural guidance regarding completing the forms and if you are unsure of the legal position regarding holding as tenants in common then, again, you may want to consider seeking independent advice.
Comment by Tony Green posted on
Married to my wife in 2006. In 2007 we exercised our Right to buy and ever since then the Mortgage have been coming out of my account. In 2016 we divorced and decree absolute granted but the financial issues not resolved. She sadly died in 2018 without a will. But before her death she allowed a cousin to live the flat. after her death, it became difficult to evict the cousin.
What is my legal position in the eviction and the property?
Comment by ianflowers posted on
Tony - Please our general guidance on GOV.UK regarding updating our records when a property owner dies - https://www.gov.uk/update-property-records-someone-dies?step-by-step-nav=4f1fe77d-f43b-4581-baf9-e2600e2a2b7a . We essentially have an administrative role and cannot offer legal advice on the eviction as this falls outside of our responsibility. You may want to consider seeking independent legal advice if you have not already done so, for example, from Citizen's Advice or from a conveyancer such as a solicitor.
Comment by Jo posted on
My friend's partner died, leaving their half of a property to their grown up children. My friend is the executor of his estate and probate has been granted. The other half of the property is owned by another person, not related. They were tenants in common, and bought the property together. How can my friend transfer his share to his children as his will says, and should their share be transfered to them collectively or in seperate portions as tenants in common with the other owner?
Comment by AdamH posted on
Jo - our online short guide explains how the property can be transferred by the surviving legal owner IF that is what is required https://help.landregistry.gov.uk/app/contactus_bereavement?utm_medium=GOV.UK&utm_source=govuk&utm_campaign=death_contact_page_to_guide&utm_content=web_page
The key point to make is that the legal ownership has passed to the surviving registered owner. The TIC/will aspect you refer to relates to the joint owners' beneficial ownerships so it is important to seek wider legal advice as to that distinction and what is best for all parties when dealing with the deceased's estate and share in the beneficial ownership.
Comment by David posted on
Hi AdamH,
This blog is really informative and I hope you can point me in the right direction with my situation.
My mother died some months ago and I have finalised her estate and obtained probate.
I am her only child (only surviving relative), her executor/personal representative and also the sole beneficiary of her will.
She owned her house (registered at Land Registry) in her sole name, freehold and mortgage free - and I have inherited this as her sole beneficiary.
As Executor and sole beneficiary, I want to transfer the house from my mother's name into my name - I intend to live there.
I would like to complete the transfer paperwork myself if possible as solicitors have given quotes for around £700 for this work and money is tight at the moment.
Am I right in thinking I only need to complete Form AS1 - not AP1 or TR1?
Regarding the ID1 form - I am slightly confused as it says the Personal Representative doesn't need to prove their identity but the other parties do.
Would this affect me as I am both the Personal Representative and the Transferee?
I do have the appropriate ID documents - but I just wanted to clarify the requirements.
I would probably take the forms to a Land Registry Office to submit them in person (saving money!) and verify my ID at that point - is this acceptable?
I'd be grateful if could tell me if I need to complete any other forms or if I need to do anything else to complete the process.
Comment by David posted on
Actually, I've just been watching the 'How to complete AP1 ' video and not sure whether I need to complete both AS1 and AP1 .....
Comment by ianflowers posted on
David - Yes, you need to complete both. AP1 is the application form and AS1 is transaction form. There is also guidance and a video for the AS1 - scroll down on the page for that form.
Comment by ianflowers posted on
David - I am sorry to hear of your loss. There is no requirement to use a solicitor but bear in mind that there may be more to consider in dealing with a deceased's estate than just the registration aspect.
You will need to complete the forms AP1 - https://www.gov.uk/government/publications/change-the-register-ap1 and AS1 - https://www.gov.uk/government/publications/whole-of-registered-title-assent-as1 . Scroll down on those forms' pages for guidance notes and an instructional video. Please also see our general GOV.UK guidance if you have not already done so - https://www.gov.uk/update-property-records-someone-dies .
ID requirements should not apply provided you lodge a copy of the probate as that will cover you in both capacities - executor and assentee.
You can choose to lodge an application in person but you will need to make an appointment in advance with our Customer Support Centre - https://www.gov.uk/government/organisations/land-registry/about/access-and-opening .
I hope this is helpful.
Comment by David posted on
Thanks Ian - that's really helpful and much appreciated.
I note your comment that 'there may be more to consider in dealing with a deceased's estate than just the registration aspect' - was there something you were particularly thinking of - obviously subject to the caveat that you're not offering legal advice?
I'm fairly happy that I've resolved all other areas of the estate - inheritance tax and so on (it was a fairly simple one) while going through the probate process and thought that all that was left to do with the house was change the owner on the title... there were no other beneficiaries or even surviving relatives.
The main issue I wanted to address in transferring the title is really just finalising the paperwork side of things and getting a headstart in case I ever wanted to sell the house in the future.
You've got me thinking there's something obvious I may have overlooked...
If there's any further guidance you could point me towards that might alert me to anything else I should be considering, that would be great.
Comment by ianflowers posted on
David - no, nothing obvious and yes, tax implications are one of the aspects and you appear to have covered this. If you've not already done so, you might also want consider reviewing the general guidance on GOV.UK - https://www.gov.uk/after-a-death .
Comment by David posted on
That's brilliant Ian - thanks very much for your help.
Comment by Kerry Simpson posted on
My grandma and grandad owned a house with my grandma's son. They each owned a third. My grandad passed away 18 months ago and my grandma then passed away in April this year. It was declared in their joint Will that they wished their 2/3 to be split between the 4 grandkids and the other third obviously to belong to my step-uncle. He is now saying that the deeds state that the ownership dies with the owner and that as the last surviving owner, he now takes 100% of the ownership. Therefore on sale of the house he'll get all the proceeds despite the Will stating their 2/3 should be split. Is this right? thanks
Comment by AdamH posted on
Kerry - it's legal advice you need here as to how death/wills/inheritance are applied in such cases. We can't advise you on such matters.
He may be referring to the fact that we register the legal ownership and if that was in three names and only one remains then the legal ownership has passed to the surviving joint owner. However the wills/inheritance relate to the beneficial ownerships of each joint owner and that is linked to the value of the property for example.
The easiest way to distinguish between the two types of ownership is that the legal ownership relates to the actual land and building, in bricks and mortar. You can't split those three or four ways for example. However the beneficial ownerships are in the value, the £s and pence, and of course that can be split.
So in essence as and when the property is sold then the proceeds of sale can be split but any sale would be completed by the surviving sole legal owner. Hope that helps but please do get legal advice to understand what options exist for protecting everyone's interest in the property
Comment by Anne posted on
Could someone help me please. My parents owned their house jointly but last year when they did their wills a Form A restriction was put on the deeds. My father passed away in November and I was left executor of his will. His will states that his estate is to be passed to my mum who is still living in the house. (the restriction was put in place as my mums will states that should she pass away first, her share of the house is to go to her 5 children as my dad had care needs) I have had his name removed from the deeds so it is solely in my mums name now but I don't know what to do in regards to the restriction and what this actually means and can we have it removed now. We didn't need probate in regards to cash but do I need probate for this, or does it mean that my mum can only sell if someone acts with her. I have no idea what to do and can't afford legal advice. Thanks
Comment by AdamH posted on
Anne - we can't offer you legal advice and we would always recommend that you do seek some in such cases. If the form A restriction is to be removed then our PG 6 explains how to do that (section 7) https://www.gov.uk/government/publications/devolution-on-the-death-of-a-registered-proprietor
If the interests it was protecting no longer exist and your Mother is now the sole legal and beneficial owner then section 7 explains how to apply to cancel the form A.
If it is not cancelled then as and when your Mother wishes to sell, remortgage or 'take receipt of capital monies' in some other way then she won;t be able to do so on her own. And as you suggest she would have to appoint someone to act with her when doing so
Comment by Nigel T posted on
My Mother recently passed away. I am the sole executor of the will and joint beneficiary with my sister. I have the deed of probate.
As well as investments the estate has 2 properties which with the agreement of my Sister I would like to transfer into my wife's name.
In so doing would I be liable for stamp duty or am I able to gift the properties to my wife.
Is this something I can do in one transaction with an AS1 or do I need to transfer to myself first and then to my wife ?
Comment by AdamH posted on
Nigel T - you'll need to contact HMRC to query SDLT requirements. An AS1 is used where the transfer is to a beneficiary. As you are transferring to your wife, and your late Mother was the sole legal owner, you would use a form TR1 along with forms AP1 and ID1 as appropriate https://help.landregistry.gov.uk/app/answers/detail/a_id/25
Comment by Mandy Young posted on
My Father passed away recently and was the sole owner of his home. He left a will and I am the sole beneficiary and executor. Probate has been approved and I want to sell the property as soon as possible. Do I need to transfer the property Into my name before selling it or can It be transferred directly to the new purchasers?
Comment by AdamH posted on
Mandy - no as the buyer can rely on the probate normally
Comment by David R posted on
Hello, I'm sure there's a simple answer to this but I wonder if anyone could confirm?
My mother in law and father in law jointly owned their property as tenants in common. It was originally held as joint tenants, but my mother in law severed the tenancy under advice some years ago. My father in law has recently died, leaving all his share in the property, by Will, to his wife, who is also sole executrix.
The question is, can the interest in the property be transferred in the same way as it would if they were still joint tenants, or is a grant of probate required?
Many thanks
Comment by AdamH posted on
David - the legal ownership has passed to the surviving joint owner so probate is not required to transfer the property
Comment by Lesley Roman posted on
My mother passed away recently. She left a will, making me and my brother joint beneficiaries. The named executor passed away years ago, so my brother and I applied to be personal representatives and have been granted probate. We are now in the process of completing forms AS1 and AP1, so my first question is, do we need to send form ID1? (we will be sending the Letter of Administration along with the forms).
Secondly, in part 4 of form AP1, entitled Applications, priority and fees, do we only need to fill in one line for Assent?
Finally, can you please tell me which documents we need to lodge with form AP1? (Part 5)
Thank you
Comment by AdamH posted on
Lesley - if the only parties involved are the named personal representatives then we don;t need their identities verified. Assent is the type of application. And you would submit form AS1 along with an official or certified copy of the letters of adminstration.
Comment by Ella posted on
My husband recently died. We divorced 8 years ago. We did not have common children. He was no longer married. Can I claim his house? I read your article <a href="https://rebrand.ly/blog-gov-uk"> https://hmlandregistry.blog.gov.uk/2015/08/18/what-happens-to-the- family-home-in-the-event-of-a-divorce / </a>, however, did not understand if I have the right to change it.
thanks for the help
Comment by ianflowers posted on
Ella - we essentially have an administrative role in registering ownership and other interests based on the applications made to us and as mentioned in the blog, there are a number of possible arrangements as to property which are normally concluded with the divorce proceedings. As to whether you are entitled to anything under inheritance rules, that's really something you'd need to seek independent advice on, for example, from Citizen's Advice or from a legal professional such as solicitor.
Comment by Ella posted on
Thanks for the answer. In your article https://rebrand.ly/blog-gov-uk, I learned about the right of occupation.
You are right, probably really should contact a lawyer. The more I read the laws, the more I understand that I understand this very badly.
Comment by Abby posted on
Hi
I have a two pronged question and seek your advice.
In 2010 my mother passed away (she didn't leave a will), my father did the necessary paperwork for probate and her assets all went to him including the property they jointly owned. However my father did not change the title deeds with land registry to put the flat solely in his name,
My father has recently passed away and again he did not leave a will. My siblings a I agreed that I would be executor and I have completed all the necessary paperwork for probate and I have just received the 'Letter of Administration'. I want to register the property in all our names equally until we decide what to do with it.
What forms do I need to fill in to do this taking into account that my mothers name is still on the title deeds? Also what documents do I need to submit with the forms?
Comment by AdamH posted on
Abby - our online guidance explains what is required. https://help.landregistry.gov.uk/app/answers/detail/a_id/27
You'll also need to submit an official copy of either the probate or death certificate for your late Mother
Comment by Confused posted on
My late Grandmother died intestate and her property is unregistered. My Mother obtained letters of administration but the property was never put into her name. My Mother died and her Brother was appointed as her Executor and he obtained grant of probate, he is now deceased and I have grant of probate for him, I have read on here about chain of representation as the deeds are still in my Grandmothers name and she died intestate can I as Executor for My Uncle deal with the sale of the property which is still in my Grandmothers name or is there no chain of representation?
Comment by AdamH posted on
Confused - if you have a chain of representation from your late Grandmother through each executor/administrator to you then you should be able to deal with the property/registration. It appears you do have one as the chain is late Grandmother - your late Mother - her late Brother - You
I should stress that in my experience a buyer may ask you to register the property first so something to check/confirm as well with them
Comment by Confused posted on
Hi Adam
Thank you for your reply.
So even though my Grandmother who is named on the deed died without a Will there is still a chain of representation?
Thanks
Comment by AdamH posted on
Confused - you said that your late Mother obtained Letters of Administration for her estate. Those are issued when there is no recorded will, probate when there is. So the Letters of Administration are the first link in your chain
Comment by Sharee posted on
Hi All,
My uncle just passed away without leaving a will in a property which he owned along with my Grandparents, (also deceased and did not leave a will) and my Aunt, (my deceased uncles sister), who is still living and who was not a tenant. So the deeds are in the four names. Does the property automatically go to my aunt? Or do the rules of intestate? apply and if so how would it work out? There are 5 surving brothers and sisters to the deceased including my aunt on the deeds.
Comment by AdamH posted on
Sharee - the legal ownership, which we register, passes to the surviving registered owners. Wills, intestacy etc relate to their beneficial ownerships and are something quite distinct from the legal ownership. So if you had 4 registered owners and now just 2 then the legal ownership is for them to deal with. The beneficial ownerships can impact on what happens next but it's legal advice you now need to understand what can happen next and what their legal responsibilities are
Comment by AlanP posted on
Hi
My mother past away in 2004 and there was no will or probate and her effects passed to my father. They had joint ownership of their house and my father never notified the Land Registry of her death so the title remained in joint names. My father has since passed away and we have have obtained probate of his estate, in the terms of the will there were 3 beneficiaries, my self and two brothers and we wish to pass title of the property to one of the beneficiaries of the will, my brother, who lived with my father up to his death and still occupies the house.
Firstly do we need to complete a notice of removal of my mother from the title deeds before we can complete form AS1 to transfer title to my brother.
Also my other brother has passed away since my father's death, but the monies relating to his share of the estate were paid to him prior to his death, as was my share. Would we need to prove anything relating to this payment or would the executor signing the AS1 be deemed as acting within his capacity without proof of payment to the other heirs in respect of the Assent.
Comment by AdamH posted on
AlanP - no you do not. You can include an official copy of her death certificate with the application. And again No re your late Brother's beneficial interest. We register the legal ownership so are no privy to the beneficial interests to the degree mentioned
Comment by AlanP posted on
Hi Adam
Many thanks for the clarification. Could I just ask another point, the last time I used the AS1 process to transfer title from my father in law to my son as I was the executor, there was a mix up as we were using the Land Registry as verification of identity and we submitted the AS1 without my sons proof of identity. However in the transfer I originally asked about my brother is both the executor and beneficiary of the property and will be submitting a certified copy of the probate with the application, does he need to send any other proof of identity form?
Comment by AdamH posted on
AlanP - we don not need evidence of identity for the executor (personal representative) as name din the probate. So if he is the executor and beneficiary we don;t need evidence of identity
The only proviso is that we can ask for evidence of identity on any application where generally it is not required but that is rare
Comment by alanP posted on
Thanks
Comment by Lynn posted on
Hi,
My aunt just passed away and at the moment we dont know if she has a will or where it is. When my grandparents were alive she and her husband (they never had children) moved into the house which was owned by my grandparents to look after them. I dont believe anything was arranged legally but on my grandparents death my aunt and uncle remained in their home but it was understood that the house would eventually pass to the grandchildren. My uncle is being very precious about everything (possibly grief) in the house and is not allowing family to sort her belongings etc preferring to have a neighbour go through her belongings. He said at first that he doesnt know of any will and then said that they made mirror wills. The property is not registered with the land registry. How do we find out who actually owns the property and the line of succession? Obviously we are not expecting my uncle to leave the property, and he is not in the best health himself, so in the circumstances I think its important at this stage to establish ownership and responsibility for the property. Could you advise please?
Comment by ianflowers posted on
Lynn - I am sorry to hear of your loss. If the property is not registered with us, we will not hold any information on the ownership. The key documents when a property is not registered are the title deeds. One of our other blogs gives general information about this: https://hmlandregistry.blog.gov.uk/2018/02/19/title-deeds/ .
Given you are unsure of the position regarding the documentary owner(s), it appears that this will be the place to start, and the position regarding probate and inheritance issues will be secondary to that. You may also want to consider seeking independent advice, for example, from Citizen's Advice or from a legal professional such as a solicitor if you are still unsure how to proceed.
Comment by Jenny Wilcox posted on
How long can an executor wait before informing Land Registry about the death of a joint owner of property. My late mother`s partner will not allow me to see her will. She died late January 2019. Can any Government authority fine someone for non information.
Thanks
Comment by AdamH posted on
Jenny - there is no legal requirement to update the register solely re the death. And anyone can apply to update it re a death providing they apply and provide an official copy of the death certificate or probate.
It’s when the legal ownership changes, for example it is transferred to a beneficiary or sold that the requirement to update is triggered.
If the will was recorded then you can search for it via the probate service
Comment by David posted on
Hi
My mother died 7 months ago and I have finalised her estate and obtained probate.
I am her only child , her executor and the sole beneficiary of her will and as such, I have inherited her house (registered at Land Registry).
I was intending to live there and was going to transfer the house into my name at the Land Registry.
However, it now seems that I will sell the house and I'm unsure whether I need to transfer the house into my name first - before selling and transferring it to a buyer - or can I leave the title as is (in mother's sole name) and have it transferred directly to a new owner?
I'm hoping it can be transferred directly to any new owner (by a solicitor during conveyancing) as a means of saving legal fees, but if a solicitor would have to transfer it to me first anyway, before transferring to a buyer, then I would probably do the first transfer myself and save that element of the legal fees.
Can the house be transferred directly from the executor to a new owner without being transferred to me first?
Would appreciate any guidance you can offer.
Comment by AdamH posted on
David - from a registration perspective you, as named in the probate, can transfer it to the buyer. It is of course up to the buyer whether they also proceed on that basis but in my experience it is rarely an issue where a registered property is involved
Comment by David posted on
Thanks Adam - much appreciated.
Comment by Maria posted on
Hi there,
Me and my fiance are in the process of purchasing our first home.
In June, just before we exchanged contracts the vendor sadly passed away. This did not come as a shock to the power of attorneys and from what we have been told they applied for probate more or less straight away.
It has now been about 12 weeks and I have contacted the probate office who have advised of a 10 week turn around time.
Our solicitor keeps saying there is no update and doesn't seem to be chasing, which is very frustrating.
Is there any way for me and my fiance to get some kind of update ourselves?
We feel like we are in no man's land and don't really have any clue what is going on. We don't know if we are wasting our time waiting.
Any guidance would be greatly appreciated!
Comment by AdamH posted on
Maria - there’s no real advice we can give here as it’s probate advice you need. I assume you exchanged contracts but did not get to the point where the Transfer was ex3cuted and the PofAs were merely for dealing with their affairs that her than execut8ng a Transfer. If so then they will need probate in order to complete the process.
Comment by Will posted on
Hi
My mother died a couple of years ago. She owned a ground floor masionette in a four dwelling block.
The leaseholder was the person who built the maisionettes originally.
The leaseholder apparently died around 17 years ago and there are no surviving relatives.
There is no monies paid on the leasehold to the leaseholder by any of the maisionette owners.
I have now got problems with a buyer solicitors questioning the leasehold. I have been told that it is now administered by the Crown Estate however I cannot get any answers on this.
Is anyone aware of the process cases of this nature that is that the leaseholder has no surviving relatives?
Comment by AdamH posted on
Will - if someone dies intestate then their property can indeed pass to the Crown. But you will need specific legal advice to understand the law around that and how it impacts on the property/your interest. You can research the term bona vacantia for background information https://www.gov.uk/government/organisations/bona-vacantia
Comment by Lauren posted on
Hi
My mum has recently passed away and my brother and I have been granted letters of administration as there wasn’t a will however she made it clear what she wished in regards to her property. My father is currently residing in the property however is not on the title deeds and is not deemed as a beneficiary. He will continue to live in the property and maintain the home.
Would we need to change the title deeds for my late mothers name if we aren’t selling the property?
Thank you
Comment by AdamH posted on
Lauren - whilst you do not have to update the register we would always recommend you do.
Comment by Maryann posted on
How do I transfer my late husband house to my name. The deed has his name and late wife name on it. which forms do I need to fill.
Comment by AdamH posted on
Maryann - you’ll need probate for him and the death certificate for her plus forms AP1, AS1 and ID1 as explained and linked to from the article
Comment by Chris Mulhall posted on
My mother-in-Laws property was in her name, and her 2 children. Now she has died, the adult children want to sell the property. The new buyers solicitor has advised that he wants the deeds to be amended so the deceased is no longer on them, before they are passed to the new owners of the property. The solicitor advised us 5 weeks ago that the deeds are with the Land Registry. The whole process of selling the property has currently taken over 5 months. Can you advise 1, is this standard practice for names to be taken off before the property is sold and 2, is the length of time to do this normally in excess of 5 weeks.
Comment by AdamH posted on
Chris - if the register refers to the three names then an application to remove one plus a copy of the death certificate is generally all that is required. It is usually processed within 1-2 weeks
Comment by JH2019 posted on
Hi
My father has recently passed away leaving no will , everything should pass to my mother his wife now widow .
What should I complete to allow the land reg to be updated to remove his name ? and do I need to declare his share of the house on probate estate part with it auto passing to my mum I didn’t think this should count towards the £325k ? Lastly can I only do this when probate is completed at the land reg it’s not a complicated estate everything goes to my mum
Any info would be appreciated
Comment by ianflowers posted on
Hi. I am sorry to hear of your loss. We're not involved in the probate process, so you'd need to check with the probate office regarding that or seek independent advice.
If your late father was joint owner with your mother, then you are not required to do anything regarding the registration. We would encourage you though to keep the register up to date by lodging the death certificate or probate with us.
If your late father was sole owner, you will need to wait for probate. You can lodge the application yourself, but bear in mind that there may be more involved than just the registration aspect, and some people get a legal professional such as solicitor to act on their behalf. Please see our general guidance with covers sole and joint ownership situations - https://www.gov.uk/update-property-records-someone-dies . There are links to the forms pages. On those pages , scroll down for explanatory notes and an instructional video.
Comment by JH2019 posted on
Thank you
Yes he was joint owner with my mother so what would I need to complete to keep up to date is it a DJP form ? Thanks
Comment by AdamH posted on
JH2019 - that’s correct
Comment by Jake Fullwood posted on
My mother has just died leaving behind her home and a substantial inheritance that will get hit for a lot of inheritance tax. The house itself is a bit of a shambles and quite small so won't be worth anywhere near the inheritance tax rate for houses.
Can I use money from the estate to do up the house before selling it? I figure if I spend £30,000 doing up the property out of the estate, even if it only adds £25,000 to the value of property, it'll still be a financial win (getting £25k out of the £30k rather than £30k-40%:£18k).
Comment by ianflowers posted on
Jake - I am sorry to hear of your loss.
We essentially have an administrative role in registering changes to ownership and other interests in land and so can't advise you on the use of the financial aspect of the inheritance I'm afraid. You might try posting the question on other general advice forums or seek independent advice, for example, from Citizen's Advice or from a legal professional such as a solicitor.
Comment by Gayle posted on
My parents have passed, the executor/solicitor has Grant of Probate, and the property has been sold - just awaiting exchange/completion. There was just the middle name that needed a small amendment with the Land Registry (the buyer's solicitor insisted), but now after 2 weeks our solicitor has been told that he is required to file an assent. As this is the final step before exchange/completion, how long does this normally take once you receive it as we are at risk of losing the buyer. Thank you.
Comment by AdamH posted on
Gayle - on average 10 working days if all in order. If straightforward then it is normally done in a shorter space of time so 10 workign days would be the extreme normally
Comment by John posted on
Hi. I have read these comments with real interest and must say they have been really helpful. I think I have the right process in mind to follow, but just wanted to check.
My wife died recently. We owned a property as tenants in common, and on her death the beneficial ownership in her half of the property passed through trust to our 4 children whilst I retain a life interest. 2 of my children are over 18, and they alongside me are the trustees and executors. From what I have read I believe that all I have to do is register the change in property ownership using form DJP and add a form A restriction to protect the beneficial interest in the property. I don’t believe we are required to transfer and register the trustees as owners of half of the property, although I could do that if I wished. Does that seem correct?
Many thanks
John
Comment by AdamH posted on
John - I am sorry to read of your recent loss.
Your suggested course of action is one option yes but it's wider legal advice you need here as what is best for you all to ensure everyone's interests are protected and just as importantly everyone understands what that means and what happens in the future for example.
As you already appreciate the legal ownership has passed to you as the surviving joint owner. Form DJP + official copy of the death certificate will update the register accordingly.
You mention that you owned it as tenants in common (TIC) so was a form A not already registered? If it was then that remains after such an update.
There need not be as a form A does not mean you are TIC as you could have wills/trusts in place but never apply for a form A for example.
If there is no form A restriction then that may be something to consider but I'd again recommend seeking legal advice to confirm matters as above
Comment by John posted on
Thank you.
Comment by LRN posted on
I am now the sole legal owner of my home. There are beneficial owners, including myself. The late co-owner who bought it with me (as TIC) left his share when he died to his beneficiaries and his name has been removed from the deeds using form DJP and a copy of the Death Cert. The deeds, which I recently viewed from the LR property search no longer exhibit a Form A restriction. The beneficiaries are not on the deeds, and as I understand it, are not required to be put on. They want to sell their share. I want to buy their share. Their share may still be 'vested' in the executors, as they have not been asked or instructed to 'do' anything about the beneficiaries share by their solicitor. I have spoken to a solicitor who has said there is a simple process which has the effect of 'registering' their beneficial interest with LR that doesn't include putting them on the deeds as legal owners prior to the conveyancing. Is this correct and if so, do you know how this can be achieved?
Comment by AdamH posted on
LRN - I assume they are referring to a private trust as covered by our Practice Guide https://www.gov.uk/government/publications/private-trusts-of-land
But they need to advise you on how best to protect any beneficial interests. We can’t but we can guide you on the registration once you’ve decided what it is you can register/what you want to apply for
Comment by LRN posted on
Hi Adam, thanks for your comments.
No, it's not land its a house, and there's no private trust. I am asking whether there is a way I or they should register or protect their beneficial interest, or at the very least prove they have it. At the moment, thier only proof is in the Will. How would beneficial owners normally be 'recognised' as such in law?
Comment by AdamH posted on
LRN - I wasn’t referring to land specifically. We register the legal ownership of land. If it’s built on then it’s referred to as property.
We can’t tell you how or whether you should protect a beneficial interest. If you read section 1.1 of the PG you will see how it relates but it’s for you/the beneficiaries to decide what you do and for a legal adviser to explain how such matters are recognised in law. We can’t advise you on that.
Comment by Nick Pitts posted on
Hi Adam,
My mother recently died and I am the only son.
She left everything to me in her will. The house is probably worth £130,000 and her other assets about £5,000.
How do I get the house transferred into my ownership, and will I need probate - or will the Will be enough?
Can you advise on which forms to fill in etc?
Thanks, Nick
Comment by AdamH posted on
Nick - I’m sorry to read of your loss. If she was the sole owner then you will need probate. Our online support then explains what forms are needed. https://help.landregistry.gov.uk/app/contactus_bereavement?utm_medium=GOV.UK&utm_source=govuk&utm_campaign=death_contact_page_to_guide&utm_content=web_page_
Comment by Anonamous posted on
My parents have a life interest will which leaves half the property to their children if one dies. My father died last year. They were tenants in common on the deeds. A solicitor has advised we need to do a transfer of equity with land registry at a hefty cost. Do we really need to do this? Does the survivor need to re-write the will? We though this was sorted when the wills were re-written years ago.
Comment by AdamH posted on
Anonamous - we can't advise you on what you should do with regards wills/inheritance and any beneficial interests for example. We register the legal ownership and if that was in joint names then that passes to the surviving joint owner. Whilst it is possible to transfer the legal ownership from the sole name to new joint names other options may exist depending on the current details and what your Mother/the children want. So I would suggest talking it through with the solicitor as we only see the end result of such discussions/decisions and are not privy to why they were made for example
Comment by Anonamous posted on
Hi thanks for your reply. But not quite sure about your reply. We are sure we've have done everything correctly. So my questions is do we need to do a transfer the equity in the eyes of the law?
Thanks again
Comment by AdamH posted on
Anonamous - my answer seeks to cover that Q, namely we can't tell you. It's legal advice you need here. We register any outcomes/changes needed re the legal title, which we register. So we can advise you on how to register such a transfer but we can't advise you as to whether it is the right or legal thing to do
Comment by Anonamous posted on
Hi, thanks again for reply. We will seek legal advice, but could I ask one more question. If someone dies then do we need to register the death with land register? Thanks again
Comment by AdamH posted on
Anonamous - we would always recommend that you do apply to update the register using form DJP and submitting it along with an official copy of the death certificate. You do not have to as the register can be updated at any time and as part of a wider application, for example the transfer you mention. So I wold suggest discussing and resolving next step(s) first.
Comment by Anonamous posted on
Brilliant thanks for help
Comment by Dave posted on
My grandparents were 50/50 tenants in common. A few years ago my grandfather died leaving his share to me and myself and her as executors. The registry hasn't been changed and she/we want to sell. Do she/we need to update the registry in order to sell?
Comment by AdamH posted on
Dave - you do not but the key will be whether the TIC you refer to led to a form A restriction being registered. If it was then his widow, who I assume is the 'her' you refer to, is now the sole surviving legal owner. In order to sell she would have to appoint someone else to act with her to comply with the form A restriction. That can be done as part of the sale/purchase itself so do speak to your conveyancer as to how best to achieve this
Comment by chrisD posted on
What happens if trustees of land all die, and the person who got letters of administration for the last surviving one did nothing to appoint new trustees and she is now dead. Title is unregistered. So needing to get new trustees appointed and title registered.
Comment by AdamH posted on
chrisD - you need to go back to who held the legal ownership and create a legal chain of representation from their executor/administrator as appropriate. It may be more complex if the legal owners were trustees but that depends on the terms of any trust so it is very much legal advice you need here on the laws around trusts, wills, inheritance and letters of administration. Once you have established who can now deal with the legal ownership then the question of who can register or deal with it then arises.
Comment by Chris d posted on
As I said I’ve worked through who the trustees were, the order in which they died, the executor of the last survivor and the fact the executor has died so are you saying the next step is the executor of the executor! As the Trustee Act s36 person?
Comment by AdamH posted on
Chris d - quite possibly but we don’t deal directly with how the legal ownership has changed by way of probate/letters of administration and how the trustee element may impact. We deal with a registered title and if the registered legal owners had all died then we would look for a chain of representation as described. But it is for you to establish how the legal ownership can be dealt with. We would only consider it as and when an application to register the legal ownership was submitted. Hence the advice to seek legal advice from someone familiar with the law around the matters as mentioned. We can't advise you on the law - sorry
Comment by BSB posted on
I have inherited a flat which is above a shop, my uncle has inhertied the shop below, probate has been granted and my uncle is also the executor.
Property as one whole unit is registered, title document and plans are available for purchase online.
There seems to be a seperate entry for the flat listed but no documents available, no plans or title documents.
I wish to sell the flat to my uncle, and have agreed a purchase price, he is a cash purchaser.
Would we need to have a TP1 form created and all parties sign for this transaction, is it as simple as that or does the flat need to be registered first?
Any assistance would be very much appreciated.
Comment by AdamH posted on
BSB - it reads as if the lease is noted only but you also say the property is registered as a single unitard your Uncle owns the shop below your flat. I’m guessing he owns the whole property so if you want to sell him the flat and determine the lease (end it) then have a read of our PG and get legal advice. https://www.gov.uk/government/publications/leases-determination
Comment by BSB posted on
Hi,
My apologies for not being clear, the whole unitard is currently owned outright freehold, no existing mortgages, the flat has thus far never had a lease created, therefore has never been separated from shop below.
Comment by AdamH posted on
BSB - so if there is no lease there is nothing to register/remove from the register or sell in that context. I'd recommend you seek legal advice
Comment by Mo posted on
Hi. We are trying to buy a house where the owners have died. Their grand daughter has a probate as administrator of the estate so she can sell the house. The husband claimed to have removed her and added himself as the sole administrator but as it is turning out, both of then are administrators. My solicitor asked the seller to register his interest in the property and the Land registry sent the application back seeking further clarification. Already 4 weeks delayed the house move and god knows how long all of this will take. Just keep going round in circles.
My question is what to do when buying a property when there is 2 administrators? Does both of then register their interest with Land Registry? How to move forward with the sale
Regards
Mo
Comment by AdamH posted on
Mo - administrators can be registered in that capacity or transfer the title to themselves as beneficiaries so not too sure what’s been asked for. But that could be why the confusion/delay
And if there’s probate then you have executors and not administrators so another issue perhaps.
If they are either then I can’t see what interest they would register but maybe you can clarify?
Comment by Mo posted on
Thanks for your repLy. The probate says “the administrator of the estate which by law devolves to and vests in the personal representative of the said deceased was granted to....”
And the second probate says the husband is added as the 7th defendant to proceedings pursuant to cpr 19.2 in his capacity as personal representative of deceased essential?
What does this imply? Administrators? Executors? Representatives?
Regards
Mo
Comment by AdamH posted on
Mo - as it’s probate then they are referred to as the personal representatives
Comment by Mo posted on
Ok. So who can sell the property then? The first personal representative or the second? Solicitor wont go ahead as asking for seller to register with land registry. But who is the seller. First representative or second? Thanks
Comment by AdamH posted on
Mo - it reads as if they are both personal representatives but you need to read and understand the probate and amendments to understand what they can legally do re the deceased's estate, which will include the property. We don;t deal with wills, probate and inheritance for example. We deal with the legal ownership of the property which is usually the end result of wills/probate and inheritance. You will need to rely on your legal advice as a result
Comment by David R posted on
Hello, my father in law died in July, and the property that he jointly owned with my mother in law in unregistered land.
Does the property need to be registered now in the sole name of my mother in law, or should she wait until she sells the property (which she intends to do fairly soon).
Does she need to notify HM land registry of his death, regardless?
Thank you
Comment by AdamH posted on
David - if it is unregistered then you do not need to notify us of his death. There is no requirement to now register for the first time but it may be something to consider if intending to sell, simply because some buyers/lenders will ask you to do that before they will complete https://www.gov.uk/government/publications/first-registrations
Comment by David Raynes posted on
That’s very helpful, thank you.
Comment by lottie simpson posted on
Hello. My parents divorced over 40 years ago and my mother continued living in the property. My father had a "caution" issued against the property, if my mother remarried or sold the house. My father died over fifteen years ago leaving no will and no Letters Of Administration were applied for. He never contributed to the house at all after he left. My mother has now died.
Can a "caution" continue to be valid and taken up by a child or children from a subsequent relationship of my fathers.
Is a "caution" enforceable when both parties have died.
Comment by AdamH posted on
Lottie - it’s the interest the caution protected that counts here so it’s that you need to confirm and then get legal advice on whether it has passed to his children.
Comment by Lottie simpson posted on
Thank you for the reply. When I have looked at the caution lodged under Section 53 of the Land Registry Act 1925, this is what it states:-
CAUTION in favour of the Law Society of No 15 Legal Aid Area....Liverpool, lodged by the Law Society of No 15 Legal Aid Area....Liverpool against the first registration of the freehold land shown on the filed plan of the above title number filed at the Registry and known as(address).
The statuary declaration accompanying the caution sets out that the cautioner is interested in the land as "by virtue of a statuary charge arising under Section 9(6) of the Legal Aid Act, 1974, and affecting the interest of (name) in the said land"
I know he claimed legal aid and that has to be repaid, but does this refer to his interest in the house and if so where do I find any further information regarding this. e.g. how much he was awarded. This has come as somewhat of a shock, so any further light you could shed would be very welcome
Comment by AdamH posted on
Lottie - you would need to contact The Law Society to clarify whether their interest/charge still exists or whether it has been paid off. It will have attached itself to his interest/ownership re the house but if it has been paid off then presumably that interest has come to an end and they can apply to cancel the caution. If it has not been paid off then likewise they should be able to confirm what is outstanding and any next steps you can take
Comment by Alison R posted on
Hi.My parents are equal tenants in common. My mum recently passed away and left her share of the house to myself and my 2 brothers. As executor of her will, I am unsure as to what to do; do I need to get a solicitor to sort this out? Thanks in advance.
Alison
Comment by AdamH posted on
Alison R - I’m sorry to read of your recent loss. You all need legal advice to help decide what options you all have and which is the ‘best’ one. We register any outcome as appropriate but we can’t advise you on which is best. For example you could do nothing; you could update the register re her death; or Dad could transfer the legal ownership to you all or some of you. So discuss best options with a solicitor and go from there
Once you have decided on what you want to do the blog links you to our guidance
Comment by Alison R posted on
Thank you for your reply, much appreciated. I read lots of the blog last night Abs it was very helpful!
Comment by Becky posted on
Hi, my father passed away in 2003 and left everything to my mother in his will. My mother passed away just recently and during the process of obtaining probate we have discovered that my mother apparently should have applied for probate when my father died because the title deeds were in his sole name. She obviously had no idea that she needed to do this, or she would have done it. None of us (her children) realised this either. They had been married for nearly 50 years and had bought the house as a couple, but as Mum was a housewife and mother; not an earner she didn't go on the mortgage.
I see that the article says that probate is needed if you intend to sell the property, but Mum had no intention of selling the house as they had paid off the mortgage and it was the family home. Therefore, as she didn't intend to sell did she need to get probate back in 2003? Was she in the wrong?
Comment by AdamH posted on
Becky - there’s no right or wrong here but just a need. The legal ownership forms part of your late Father’s estate until such time as the legal ownership needs to be transferred, on sale or otherwise. So if the legal ownership is to be changed you need probate for your late Father.
Comment by Becky posted on
Thanks. We are going through the process of obtaining the probate for dad now too. It was just that we were told she'd lived there illegally for the 16 years after Dad had died because she didn't get probate. That seemed very harsh.
We've also been told that we will need to pay interest back to 2003 because she didn't do it then. Is that correct?
Comment by AdamH posted on
Becky - nothing illegal. Properties can stay with families/inheritance for years. But if you want to sell, mortgage, lease etc then you need to be the legal owner so that’s when you need probate for the last legal owner.
No idea re interest but something to check with probate service
Comment by Deborah posted on
My sister and her husband own a flat as tenants in common. Husband died very recently and has left a will. The will states I give all my estate in the property to my trustees to hold on trust for sale but with power to postpone the sale in accordance with the following:
My wife may live in the house, etc during her lifetime.
When this trust ends I give all my estate to my nephew.
My question is - does my sister now own the whole of the flat? And do I need probate - there is little money.
Many thanks
Comment by AdamH posted on
Deborah - the sole survivor is now the legal owner. They need to account fir the trust you mention when dealing with that legal ownership and may not for example sell it on their own. So you don’t need probate.
Comment by Deborah posted on
Thank you
Comment by Deborah posted on
Thank you for your reply. Do we need to change the name on the property?
Comment by AdamH posted on
Deborah - it will need to be updated at some stage but when is largely up to you. We would always recommend that you do update the register but it is not compulsory as the death, sadly, is factual so would need to be proven at a later date as appropriate if the register was not updated now.
Comment by Deborah posted on
Thank you
Comment by Bernadine posted on
My father died 5 years ago he draw up will he had 1 daughter from his first marriage and we are 6 children from 2nd marriage and 3rd marriage he had no kids. He was married in community of property with 3rd wife however my father stated in his will that his 50 percent of property is mine and tools must be devided between my 4 brothers. And the laywer that was appointed by masters also confirm with me that my dad's 50%is mine I don't need to share it with other siblings but now it's a other story that the masters laywer told my mommy that that my share must be devided between all siblings I'm really confused now.
Comment by AdamH posted on
Bernadine - inheritance/wills are not something we deal with. It’s legal advice you now need re how each has impacted on what you may have an interest in. If you are getting conflicting advice I’d suggest mentioning that to both to see what replies you get
Comment by EmR posted on
Hello Adam, I am the executor of my late sister's estate. She was joint (in common) owner of her flat with her daughter which still has a mortgage. Her estate is left to her surviving spouse. Should her daughter change the title deeds with a DJP and place a restriction on the register indicating his interest, or should she add the name of her stepfather to the register? Also, my sister had remarried and the name on the death certificate differs from the name on the register. I presume a death certificate and a marriage certificate indicating the change will suffice?
Comment by AdamH posted on
EmR - we can’t advise you on what you should or should not do here. It’s imoortant to get legal advice to understand how the will/trust and each interest impacts. It may be that you decide to just update the register with firm DJP and a Death Certificate or make other changes but that’s for you to decide, not us.
An official copy of the marriage certificate can be used to update re her name change also. Form AP1 can be used to cover both the updates re death and name change.
But get that wider advice as well to see what, if any, other changes are needed/warranted
Comment by AdamH posted on
Eileen - the link I provided explains who can certify a copy for you and how if you send the original it will be returned but I would not risk posting it.
Scale 2 re fees. So yes. https://www.gov.uk/guidance/hm-land-registry-registration-services-fees#scale-2-fees
We can’t change your chosen user name but you can log in and change your profile name
Or I can delete your comments once read
Comment by Michael John Ellery posted on
A friend of mine was a partner and long term carer but her partner has just died. She is named as a one third beneficiary of the house they lived in by her deceased partner with his two sons in his will, Can she live in the house for a reasonable period while probate is granted and the property is marketed or can she be made to leave as soon as possible?
Comment by AdamH posted on
Michael - we don’t deal with such matters but deal with any outcomes re the legal ownership. It’s legal advice you need from someone familiar with wills/inheritance and probate. Alternatively you can try online forums (not blogs) such as Money Saving Expert or Mumsnet to see if people can help from shared experiences
Comment by marc barnard-naulls posted on
My father past but his property was already in trust with myself and my 2 brothers
For some reason unknown to anyone at this time 4 unknown names have been added to the land registry (they were not on initial registry)
The property is under offer but we cannot exchange until this is rectified
How may we go about this and how long could it take ?
Comment by AdamH posted on
Marc - presumably they were added by someone following a transfer of ownership. So if they are to be changed then another transfer would be required. https://www.gov.uk/registering-land-or-property-with-land-registry/transfer-ownership-of-your-property
Comment by Marc barnard-naulls posted on
Does this apply if they were added in error as we do not know these people ?
Comment by AdamH posted on
Marc - all depends how the error occurred. If it was our error as we added the wrong names on application then changing it would require one set of next steps. If it was a conveyancing error or one made by the previous owner/their trustees/personal representatives then the transfer of legal ownership would be required.
So it all depends on what happened and why to identify where the suggested error occurred. Do you know?
Comment by Marc barnard-naulls posted on
I should add my father purchased the property from new so the only transfer made was to my brothers and I via trust
Comment by AdamH posted on
Marc - so how did the registered ownership change from you and your brothers to the 4 unknown names? If oyu don;t know how then I would sugegst contacting us to enquire https://help.landregistry.gov.uk/app/contactus_general
Comment by Eileen posted on
Hello Adam
I have now filled out the AP1 and am now completing the AS1 questions 10 & 11 are not applicable as there is no mortgage or anyone who as any interest in the property do I just leave them blank?
12 I have put a cross as not a conveyancer but question 14 as me baffled. It is just a change of name from my deceased brother to the beneficiary so not certain what name I put in or do I just sign 15. With the application I am enclosing copies of the Grant of Probate and a copy of the register title deed both will be authorised do I need too enclose anything else?
Comment by Sophia spence posted on
Hi, my mother has been living with her partner for the last 15 years. They were not married they lived in a property which he was the sole owner, he recently passed away without making a will they had an understanding , things happen and nothing was put in place very sad because they loved each other and plan Was to retire in a few years. Her partner has several children whom he had no contact with or a relationship.after his passing his children have now Come forward to claim his estate as the beneficiaries and has threatened to remove my mother from the home which they shared to sell the property. She completely broken with the passing of her partner and now the possibility of loosing her own. I understand they are no laws in this country that protects common law wife but is they anything else that can be done?
Comment by AdamH posted on
Sophia - I’m very sorry to read of the issues you and your Mother are facing. Unfortunately we can’t advise you on this and it is very much legal advice you need here. From a purely property perspective the legal ownership, registered in his sole name, forms part of his estate. Probate will be required to deal with the property and for his executor(s) to then deal with the estate in accordance with the law and any recorded will for example. The key therefore appears to be what legal rights your Mother now has re his estate inc the property
Comment by NS posted on
Hi. I lost my husband this summer and my young children and I are living in the house which solely owned by my late husband. The house has still got mortgage which is also solely with my late husband's name.
I need to change the name on the property so that I can take over his mortgage( the issue on the mortgage side has been sorted).
Probate has given me and my brother in law to be my late husband's administrator and my solicitor said that I need to act as buyer and my brother in law will be seller of this property so that I could, on the paper, buy the property off from my late husband. It does sound much more complicated than I imagined and is this the right procedure to do?
If there are alternative and efficient ways to deal with this, please advise. Many thanks.
Comment by AdamH posted on
NS - if your late husband was the sole owner then the executir(s), as named one the probate; can transfer that ownership to a beneficiary. https://help.landregistry.gov.uk/app/answers/detail/a_id/27
Comment by Sue Toberman posted on
My mother died last year. She jointly owned a property with my father who is still alive and living in the property. We understand we have to take her name off the deeds. I have the death certificate and details of title etc. Her estate did not go to probate since her major asset was the property which on her death passed to be my father. Do we need to employ a solicitor to take her name off the deeds or can we just send the death certificate as proof?
Comment by AdamH posted on
Sue - you complete and submit a form DJP along with an official copy of her death certificate. No fee. Details as explained and linked to 8n the blog article
Comment by Sue Toberman posted on
Thank you for your quick response, Adam. I have the DJP form in front of me and it asks for signature of conveyancer which made me think we would need to get a solicitor's input. So that is definitely not the case then?
Comment by AdamH posted on
Sue - correct. The form requires the applicant to sign it.
Comment by Sue Toberman posted on
Thank you. That is clear now.
Comment by Ray Lloyd posted on
RL
My father has recently died he owned the property jointly with my mother, we have been advised we do not need probate and are attempting to remove my father’s name from the land registry. The form we were told to send asks for probate or letters of administration are these required? We are named as executors in his will
Comment by AdamH posted on
Ray - I am sorry to read of your recent loss. The form DJP is the form you need and it is an official copy of the death certificate you can and should supply in this case.
Comment by Ray Lloyd posted on
Thank you
Comment by Deborah Rees posted on
My widowed mother died in September and her will leaves her estate to my brother and myself. The property is currently rented out (mum was in a care home) and I am borrowing the money to pay my brother his half of the property so I will be the sole owner. My brother and I are both executors of the will, but because he lives in the USA, he has chosen to have 'power reserved' to him, and I have applied for the Grant of Probate on my own, which has just been approved. Do I apply to change the title deeds using forms AP1 and AS1, and as the personal representative, do I still need to provide verification of identity?
Comment by AdamH posted on
Deborah - form AS1 is used by an executor to transfer the ownership to the beneficiary. If the executor is also the beneficiary then the probate is sufficient re evidence of identity to cover both roles
Comment by Deborah Rees posted on
Adam, thank you for the information. The Grant of Probate arrived today so I can complete the necessary 'assent' form AS1. The instructions, however, do say that I must also complete application form AP1. Can you confirm if this is the case?
Comment by AdamH posted on
Deborah - that is quite correct. Note the names of each form. The AS1 is the legal deed whilst form AP1 is the application form needed to then register the AS1
Comment by Deborah Rees posted on
Thanks Adam Just completing AP1. Can you advise then if I leave blank Panels 12-14 Evidence of Identity? I'm not using a conveyancer, but neither, I presume, is the application for a transfer, lease, or charge...
Comment by AdamH posted on
Deborah - if you are relying on the probate then you can complete panel 12 to state that you are not a conveyancer and simply confirm that you are the named executor (probate and beneficiary. Panels 13 and 14 can then be ignored/left blank
Comment by Sid posted on
House i am buying has a covenant on the charges register stating i must not carry out any additions or alterations to the property without first obtaining written consent of the original seller who had sold in 31 July 1911. How can I possibly do that considering it 2019 now and want to extend the house and add understairs loo.
Comment by AdamH posted on
Sid - it’s legal advice you need here to clarify what you are legally bound by and what risk(s) may exist re breaching the covenants. In my experience it is the wording that is crucial here as invariably it includes wording that sees the benefit passed on, namely successors in title or similar. But it’s legal advice, not registration advice you need here.
Comment by Hannah posted on
My step mother died last week. She was widowed recently and owned a property (she had probate) but the mortgage owing is the same / higher than the current value of the property. There is no will and no estate to inherit. Her only daughter plans to hand the property back to the mortgage company through voluntary repossession. If there is a shortfall is the daughter (the only surviving blood relative) responsible for paying off remaining debt of a parent? What happens if she has no means to pay of the debt of her parent?
Comment by AdamH posted on
Hannah - I’m sorry to read of your recent loss. I’m afraid we don’t deal with how such debts are paid so it’s legal advice you need here. Alternatives are to try the National Debt line or try online forums such as Money Saving Advice
Comment by Anon posted on
If a property with a mortgage on it is being transferred by way of an Assent, how is the mortgage dealt with (the person who the property is being transferred to is taking on the mortgage) does the lender sign the AS1 too?? Do you need a DS1 for the old mortgage & then send a new Mortgage Deed with the AP1?
Comment by AdamH posted on
Anon - that’s for the beneficiary and lender to decide as discharging the existing charge and registering a new one is an option but so too is leaving the existing one in place. Whether the lender executes the AS1 depends on whether it contains new terms involving the lender and/or if their consent is needed.
Comment by robert o niel posted on
if a house is jointly owned and one dies.and they have two children.can one of them add themselves to that deed.and upon death of the final joint owner..would the child on the deed get to own the house.and would the other child have a say in it
Comment by AdamH posted on
Robert - the legal ownership passes to the surviving joint owner. If the ownership is to change then the surviving owner would have to transfer it. We don;t deal with the legal rights of any affected/interested parties or beneficiaries so it is best to get wider legal advice as to what rights each may have here.
Comment by MarkH posted on
A friend of mine has 2 children below the age of 18 and was divorced. The two children lived with their mother in a house she owned. She sadly and very suddenly died last week. The brother of the mother, and also the executor of the will turned up at the house and effectively evicted the children from the house so as to ensure my friend could not live there (to look after the children if needs be) as the divorced couple separated on very bad terms. They had to move into a hotel. The children will certainly be beneficiaries in the will . I have told him to get a lawyer involved to protect the two children's interests and home as that just does not seem right or indeed legal. Informed views appreciated Many thanks
Comment by AdamH posted on
MarkH - very much legal advice you would need here and as this is a blog you are very unlikely to get wider views from others. Wider views tend to be shared on online forums such as Mumsnet and Money Saving Expert but they are just two examples.
Comment by Pam posted on
Hi... I am along with my son trying to deal with a property that was owned by his Grandma. Many years ago she added her own 2 children on to the deeds (my sons dad being one whom I am divorced from, the other his aunt).. when the aunt died she left her 1/3 to my son, thereby he is now on the deeds to the house... the issue I am trying to get my head around (along with my son) is the following....an apologise if this sounds a bit muddled.
The house therefore had the Grandma, sons dad and son on the deeds, A couple of years ago unexpectedly sons dad passed away, then 8 months later the Grandma passed away. Grandma had a Will with myself and my son as executors (as no one else around to do this), but we cannot find if sons dad made a Will... Do I /we sort out Probate for the Grandmas 1/3 and Letters of Administration for my son for his dads 1/3 of the house...to then transfer in my sons name?
once again, apologies if this sounds confusing, but has been a big mental strain as am sure you can understand...many thanks.
Comment by AdamH posted on
Pam - it can be a complex area to understand so I'll do my best to explain although I would stress that in such cases it is always best to seek legal advice from a solicitor familiar with death, probate, wills and intestacy. I state this as there are two sides to consider, namely the legal ownership which we register and the beneficial ownership. The latter relates to the wills/intestacy for example and we do not deal with those.
So taking the legal ownership first the register is your starting point. If the legal ownership was in the names of the 'Grandma, sons dad and son' and the first have passed away then the legal ownership is now in the son's sole name. You do not require probate (recorded will) or letters of administration (no recorded will) for either the Grandma or Son's Dad when dealing with the registered title/property. Whether you need them to deal with the rest of their estate(s) is not something we can advise on as we do not deal with their beneficial ownerships as explained.
If the registered title is now in your Son;s sole legal and beneficial ownership then you can apply to update it using a form DJP and submitting that along with official copies of the death certificate or probate for the Grandma and Father. No fee. And nothing else is required.
Hopefully that makes sense and resolves some of the confusion for you.
However it may cause more Qs to arise so rather than try and second guess what they might be I'll leave it for you to ask. It would also be helpful to know if you have checked and confirmed what is currently registered and if so are there any other entries after their names of which you are uncertain also?
Comment by Vikki posted on
My mother recently passed away. She lived with her partner. We believe she owned the house and had sole ownership. Her partner says they had different shares in the said house and another property. The trouble is we are unable to find any documents relating to this in the house. Is there a way of finding out?
Comment by AdamH posted on
Vikki - if it's registered then the registered title may assist. I suspect however that it is not so any details will have been held by them/their solicitor(s) for example and not centrally
Comment by Mr posted on
I own a property that I have had up for sale for a year. My father's ex wife has applied to the Land Registry for a beneficial interest in my property. She has made up a story that she has spent large sums on that property. In a year she has failed to produce any evidence to back her claim. My buyer is ready to complete and exchange but the application is still pending and the conveyancer is concerned that the pending application would still exist after the property has sold. Can someone tell me if that is the case or not?
Comment by AdamH posted on
Mr - an application exists and has priority until either it is completed and the interest registered or it is cancelled for example. You'll need to rely on your solicitor to advise on your/her legal rights but presumably there has been some correspondence from us with regards her claimed interest and application. If so then you should look to engage and pursue the matter through that channel
Comment by Mr posted on
Thank you for sort of clearing that up. So I can proceed with the sale but the application will still be there until cancelled or registered?
I do take issue with the fact I have to spend money I do not have on a Solicitor to resolve this. My step mother does not have any income or assets so I am unable to recover any losses.
Could you tell me what application form I would have to fill in and submit in order to get the pending application disposed of via a summary judgement?
Thanks!
Comment by AdamH posted on
Mr - the main issue is likely to be how far a buyer is willing to proceed when they have to consider the ongoing issue(s) you have mentioned. You can clearly proceed with marketing or selling the property but at some point presumably the buyer will stop until it is resolved.
As far as an application is concerned I'm unclear as to what you would be applying for here. I assume there is a pending application to protect this other person's interest and ongoing dialogue between you/your solicitor and us. If so then that is the channel to continue to use
Comment by Mr posted on
Thanks again for the quick response. You have been more informative than the people I've spoken to in those channels.
Essentially I need LR or HM Tribunals to make a decision today or as soon as humanly possible. Sitting on it is causing me further financial harm.
I have provided them with all the disclosure necessary to demonstrate the application is malicious/fraudulent, however, silence is the response.
In Civil Court the procedure would be to make an application for a summary judgment, to strike out the claim without the need of further Hearings/Trial, in line with the Overriding Objective.
I need to find a way of executing the same thing with HM Tribunals (unless it is?).
Thanks
Comment by AdamH posted on
Mr - if the Tribunal is involved then you would need to contact them re such matters I'm afraid. Have you got their contact details from previous correspondence between us and you? You should have received a letter confirming referral to the Tribunal which includes their contact details.
Comment by Mr posted on
Yes, I get told to email it in and then I do not have a response.
Thanks
Comment by M Oldham posted on
Hi My partner died without insurance on the mortgage that was solely in his name I have been told I can apply for a remortgage to pay off the existing mortgage but before it can go through I have to first change the land registry to my name - Our son is the executor of the estate and is going with me to hand in the forms as I also need to have my identity verified on an ID1.
We think we need to fill an AP1 form but do we have to fill any other forms?
The AS1 is mentioned but I'm unsure if we need to do this also or is there a different form we need as there is still a mortgage owing on the property?
Thank you
Comment by AdamH posted on
M Oldham - you will also need form AS1 if you are the beneficiary. That form is the legal deed to transfer the ownership. Form AP1 is simply the application form
Comment by JaneG posted on
I am an executor for a family member and we have just received the grant of probate, so I can now submit the transfer forms for the property. I am confused as to what date should I put as the completion date? Is it the date of death, date probate was granted, the current date or should I put a future date to allow us to transfer the insurance?
Many thanks
Comment by AdamH posted on
JaneG - I assume you mean the date on the Transfer for. if so then the date would be the date you complete the Transfer so to mirror your own words, the current date
Comment by MartinH posted on
Hi, I need some help completing TR1. My mother and step father held their property as tenants in common. When my stepfather died last year he left his share to the step grandchildren. The trustees for the grandchildren’s share are my mother, my sister and me. We need to record on TR1 that my mother holds 50% in her own name and the three of us hold 50% as trustees for the grandchildren. Does this information go in box 10 or 11 of TR1. Thanks
Comment by AdamH posted on
MartinH - if you wish to state the % shares then it would be included in panel 10. The completion notes for form TR1 online at GOV.UK explain further
https://www.gov.uk/government/publications/registered-titles-whole-transfer-tr1/guidance-completing-form-tr1-for-the-transfer-of-registered-property
Comment by SC posted on
Hi,
My father recently passed away and my mother passed away a few years ago. A year before she died, a restriction was placed in the register which states “No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court”. I believe this was due to my mother having dementia and my father placing his share of the property in “trust” with myself and my brother as joint trustees. My mother’s will left everything to my father but he never got round to changing the register so they are still registered as joint proprietors with the associated restriction held. Myself and brother are joint executors (of both wills) and are currently starting to pull together all of the information to request grant of probate for following fathers death. For land registry purposes, do we need to a) complete DJP form and send with a copy of my mother’s death certificate to remove her name from the register, followed by b) forms AP1 & AS1 with copy of the grant of probate when it has been received?
Comment by AdamH posted on
SC - if the property is being transferred by you as executors into your joint names as beneficiaries then you only need to make the one application using forms AP1 and AS1 plus death certificate for your late Mother and probate for your late Father https://www.gov.uk/government/publications/devolution-on-the-death-of-a-registered-proprietor
Comment by Anne posted on
Hi, A family member has recently died, within the last year of her death she bought a flat. She had both her and another family members name put on the deed, even though she paid the full amount. She never lived in the house herself, they did. I'm not sure how it was registered or if it was registered as tenants in common - is this information kept by land registry, if not how do I find out? Will the house go straight to the family member as their name is on the deed? She has split her will so her assets are divided 50/50 between two family members, so I need to know how or if to split the assets of the property. Thank you
Comment by AdamH posted on
Anne - you can check how it is registered online https://www.gov.uk/search-property-information-land-registry. If it was registered in joint names then the legal ownership has passed to the surviving joint owner.
We don;t register owners as tenants in common but they may apply for what is known as a form A restriction on the title to indicate some form of trust or split as you mention re the beneficial ownership. That's covered in the blog article for you.
I'd recommend that you check how the title is registered and then seek legal advice from a solicitor familiar with inheritance/trusts to ascertain bow best to deal with both the legal ownership and releasing or protecting the 50% share for example
Comment by VH posted on
Hi, my mother passed away 3 years ago and left her estate to her 4 remaining children, as my brother now wants to sign over their share in the property over to the other siblings equally without receiving any money for his share, would this be a case of seeking legal advice to sign over his share or is there a form that can be filled in without going to a solicitor?
Thank you
Comment by AdamH posted on
VH - all depends how the property is now registered and how you want the legal ownership to change. You can't transfer a share of the legal ownership for example so if the property is now owned by the 4 children then all 4 would have to now transfer to just the 3. https://draft-origin.publishing.service.gov.uk/registering-land-or-property-with-land-registry/transfer-ownership-of-your-property?token=eyJhbGciOiJIUzI1NiJ9.eyJzdWIiOiIyMTM3ZTFhOC1lMjlhLTQ2YmMtYjE5My00MTRkY2Y0Y2M1Y2MifQ.65FKKwRGeUBEef5qaelqyEHOqR5w5Wwvfxdk7uHRRNs
If you are uncertain as to what is required and how it might impact on each of you then I would recommend that you do seek legal advice as to what options exist and which is best for all of you
Comment by VH posted on
Many thanks for the response, we went through probate and I had a look at the land title and it is still has my mothers name on the title and the children as the proprietors.
Comment by AdamH posted on
VH - understood so if that legal ownership is to now change the surviving registered owners need to transfer it to the new ones
Comment by VH posted on
Would we just use the link you provided to change the names on the land registry?
Comment by AdamH posted on
VH - the link takes you to our online guidance on how to transfer the legal ownership. The guidance then links you to the forms (and wider guidance) you will need to complete and submit.
Although you do not have to use a solicitor I would recommend that you do as they will be familiar with the forms/processes involved but can, often crucially, explain the legal impact on the parties involved
Comment by Ken Major posted on
Hi,
I have a very complicated scenario with several queries which ultimately, I guess, I will need to get legal advice with. When my father died in December 2000 he left the house, equally, to his 5 children, Dennis, Eunice Michael, Kath and Ken. Dennis and Eunice were executors of his will. Michael died in 2010 so there are only 4 remaining children. However, both Eunice (Alzhiemer's) and Dennis (Cancer) are now in poor health and as neither have a will are in the process of making one.
I have several questions, firstly, upon checking the title deeds of the property only Dennis and Eunice's name currently appear on it, should they have included Michael, Kath and myself when the executed my father's will?
Also, where do we stand now as Michael died without a will so does his share of the house automatically transfer to Dennis as oldest sibling (as no dependents)?
And finally, what should Dennis do now regarding the title deeds, do they need to be updated with the 4 remaining children's names and what % of the house does he 'own' that needs to go into his will?
Many thanks
Comment by AdamH posted on
Ken - there are a variety of scenarios the executors can consider when a legal owner dies and leaves their property to multiple beneficiaries. One option is to register themselves and deal with each beneficial interest as appropriate from there onwards.
So the answer to 'should they have included....' is one we cannot answer. All we can state is that transferring it just the two of them is possible and to protect the other interests at the same time. The key issue is probably how the beneficiaries wanted the property dealt with and/or whether they wished to turn realise their beneficial interests for example extract their % share of the value.
How each share is then inherited or dealt with is not something we deal with or can advise on either. The legal ownership passes to the surviving registered owner. But the beneficiaries' interests are in the beneficial ownership as stated. You would need wider advice from a solicitor familiar with wills/inheritance for example to see who inherits his share
What happens next re the legal ownership will depend on the advice obtained re point 1. The decision really rests with you all but any transfer now would be by Eunice and Dennis as they are registered as the legal owners.
So as you stated it is very much wider legal advice you need here especially around what happened and why when the two of them were registered; how each beneficiary's interest is recorded/understood (not with us); and how best to deal with the remaining interests bearing in mind the ill health and wills/wishes of everyone involved. Once you have decided on what is required then an application to update the register can be made (if required) and as appropriate
Comment by Mike Dovey posted on
Unfortunately my son passed recently and owned a house. for financial reasons I moved in as the father to help pay for the mortgage I have provided this help for 15 years. Although I am not the next of kin can I claim back a percentage of the mortgage.
Comment by AdamH posted on
Mike - not something we can advise you on I'm afraid and it is very much legal advice you need. If you are looking for wider online comment then public forums such as Mumsnet and Money Saving Expert can be useful resources but it's still legal advice we would recommend
Comment by Tony posted on
Hi I have a question my late auntie had a 12.5% stake in my recently passed grandmother house not sure if relates to the buying fee or not. Which I have been told now passes to my cousin to get this share. However there is nothing that states this in my grandmothers will. Would I need some form of proof that this share is to come out of the estate before it gets split between others in the will. Is their things I need to do.
Comment by AdamH posted on
Tony - we deal with the legal ownership, which we then register. The sale monies/12.5% share relate to the beneficial ownership so it's legal advice from someone familiar with wills/trusts for example that you now need to establish what rights you have and how to deal with that specific point
Comment by Matty Bell posted on
HELP/ADVICE
My father owned his home which he bought of the council in 2000 but one of my sisters got him to do a joint ownership making out she paid for half the costs to buy it,However my father soon realised he made a mistake and wanted to at least make sure the rest of the family at least got the half he saved/owned. So in 2005 he went to his lawyer and got him to make amendments so that his half would go to his remaining children etc . Sadly he passed away. This is where it seems to get messing my sister who the family are not happy with then said she owned all as she was joint owner and his lawyer who was paid to do his update on will didnot seem to mention to my father that he would have to change the deeds on the house removing the joint ownership of the house.
We have tried to get answers from my late fathers lawyers but he seems to be also acting for my sister,.This is now gone on for 3 years .
Is there anything we can do to fight this matter so my fathers WILL is done the way he wanted it,.?
Does the law protect us?Can we fight for out FATHERS WILL ?
Or do we take legal action against the lawyer who was paid to up date my fathers will ?My later father the lawyer and his ass all signed the updated WILL ?But as I said it seems my fathers lawyer DID NOT get my the deeds updated and can we take any legal action against my sisters as we are the remaining family 100% believe she conned my father.We were willing to let her have the 50% but not the rest.
She also said she would carry out my fathers wishes but has done nothing and is renting my late fathers house out which she is making money for and we have proof she has even remortgaged my late fathers house even though we dont know how much for? HELP any advice.My family live in Northern Ireland but at present Im in London
Comment by AdamH posted on
Matty - I am sorry to read of the difficulties the family is facing but the matters you refer to are very much something you will need legal advice on. If you are looking for wider online comment then public forums such as Money Saving Expert can be useful resources but it's still legal advice we would recommend.
From a purely registration perspective we register the legal ownership, which appears to have been in their joint names. The wills/share split you refer to relates to their beneficial ownerships. You can't split the legal ownership in the same way you can the beneficial ownership and it is the latter that is the apparent issue here and where your legal advice will come in
Comment by Susan A posted on
When my parents bought their house, 50 years ago, women were not generally included on the mortgage and deeds. They are now in a position where they need to amend their mirror-will so that my mother can leave her share to the children should she pre-decease my father. Can she simply do that in a new will, or will the deeds need to be amended?
Comment by AdamH posted on
Susan A - there is no direct link between the will and the legal ownership that we register. If he is the sole registered legal owner then I would recommend that they/you seek legal advice from a solicitor with regards what impact that has on their wills but also on any beneficial ownership your Mother may have.
Whilst for example we would register a Transfer from him to the two of them we are not privy to or part of the decision making process behind making such a Transfer. So we cannot advise you on whether they need to or should make such a change. So the legal advice would cover what, if any, beneficial ownership your Mother has and how, if possible, that can be dealt with under her/their respective wills
Comment by Tim Hounsome posted on
I would like some advice please. My father died about two years ago. He was the sole owner of a property and is currently named on the Register. Myself and my two sisters were named in the will as executors and beneficiaries. We have got the grant of probate. As a result of various family arrangements we now want to transfer the title into my sole name (with my sisters' agreement!). How can I do that?
Comment by AdamH posted on
Tim - follow the advice given in the blog or use our assisted guidance to link you to the forms and guidance needed to update the register 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_
Comment by Tim Hounsome posted on
Many thanks Adam
Comment by Carol posted on
My auntie recently passed away she has written a will and appointed an executer, however i feel things are being done without notifying other family members ie house being cleared plus nobody was notified in person of her passing just an ad in the local paper. Also my untie and her late husband although owned their house they took out an equity loan of 20k some years back and on death they had to pay back something like 60k from the sale of the property. Im worried that nobody will notify the equity release company about her passing and i have a horrible feeling they are going to rent the house out. I dont know what to do as i have no contact with the family members nor do i know who the equity release company is.
Comment by AdamH posted on
Carol - I am sorry to read of your recent loss and the issues now being faced. Unfortunately there's nothing we can really advise you on here as it is really legal advice you now need on what the executor's legal responsibilities are and how any beneficiaries should be informed/involved.
The executor as named in probate would have the legal authority to deal with the property and I suspect therefore has a role to play in resolving the equity loan for example. But we register the end results, namely if the loan is paid f or the property sold. But we are not involved in how the end results are arrived out or how the deceased's estate is handled.
Comment by susan barnes posted on
When my father died he left his property to both myself and my brother. He has registered the freehold interest of the property in his name as the administrator for my dad. Has this superseded the will and does he now own the property? I am worried that he will sell without my consent.
Comment by AdamH posted on
Susan - no if he has registered in his role as administrator. He is not the legal owner but as administrator he has the legal authority to deal with it as part of the deceased’s estate. That is the case whether registered as the administrator or not.
I’d suggest you get legal advice on your own rights and also what challenges (if any) you have right to make as a beneficiary if for example he did sell
Comment by Kirsty posted on
Hi, just a bit of advice please. My younger brother recently passed away suddenly. He has a house still with mortgage that my dad paid half towards. The house is solely in my brothers name though. Would we apply through probate for my dad to be the administrator and then apply for the land registry deeds to be change into his name?
Thanks in advance
Comment by AdamH posted on
Kirsty - sorry to read of your recent loss. If it was registered in his sole name then you will need probate. The executor can then transfer it to the beneficiaries or sell it as required as explained in the article.
If the mortgage is in play then you may find the mortgage company insists you use a conveyancer to complete matters. Worth checking with them first. However no reason why you can’t complete the probate application yourselves.
Comment by Amelia B posted on
My mother has just passed away. Her and my uncle (her brother) jointly own the property as it was left to both of them by their parents (my grandparents). Who will have the right to inherit my mother's half of the house? From what my mother has said previously, prior to her passing, she wished for her half of the property to be passed on to me, however I don't believe she wrote a will therefore I'm not sure if my uncle will simply inherit her half or whether I could legally contest this. Many thanks in advance for any advice!
Comment by AdamH posted on
Amelia - I’m sorry to read of your recent loss. If the legal ownership was in joint names then that’s past to the surviving joint owner. We don’t deal with wills/inheritance so couldn’t comment on your legal rights and I’d suggest you seek legal advice/clarification.
If it’s agreed and/or the law supports your inheritance then the title could be transferred by your uncle to the two of you for example. But I’d check on how the law views the half shares first before deciding next steps
Comment by Amelia B posted on
Hi Adam, thank you for your reply. I'm not sure how the house is owned between them, what kind of joint ownership it is, etc, so I will definitely look into further legal advice once the initial things have been sorted out. Although my uncle would have some kind of equity in his half of the house, and really doesn't need the money or anything from it, I would imagine he would still be reluctant to let me have anything which belonged to my Mother unfortunately, however I'm hoping that I may have a legal stand somewhere! Many thanks again.
Comment by Mark posted on
There’s a house on my street that’s been empty for over a year, the couple that was living there have both passed away, there names are still on the deeds, thay have a daughter that lives down south, (don’t know who she is) but have been told by her neighbours that’s she’s left it to a charity, (no one knows what charity) I would like to purchase this house as it’s bigger than mine
Comment by AdamH posted on
Mark - if you want to buy it then contact the owner. You may have to contact the daughter and/or charity to confirm
Comment by Mark Haworth posted on
Is there a way of finding out who one or both of these would be?
Comment by AdamH posted on
Mark - if the register refers to the deceased parents as being the owners then I’d suggest searching for records re their death(s), wills and probate
Comment by andy posted on
Hi Adam , my father passed ,leaving myself and my brother the beneficiaries of his home, i feel that not being through this before we're being forced to sell by family members (executors ) and against our wishes , they've recently come back through the solicitors saying that we cant keep it as theres something in the deeds stopping us from doing so , ie, havent lived in the home for 3 yrs , i /we find this hard to believe and accept , is this even right ? cant it be easily resolved so that we feel that we can keep and live in our own dads home ?
Comment by AdamH posted on
Andy - I’m sorry but we can’t advise you on the law re such matters and that’s what you need advice on here. We register any outcomes but are not involved in the legal issues involved with how a deceased owner’s property is dealt with.
Comment by Alan S posted on
I am the executor for my mother-in-law's estate. I thought she was the sole owner of her house, but I have discovered that she owned it jointly with my wife, her daughter.
In order to deal with the estate, I need to establish whether they owned it as 'joint tenants' or 'tenants in common' and was hoping to find this on the Property Register.
Unfortunately, the entry is silent on this. All it says is: 'Title Absolute ( 2 July 2002) Propietor: mother-in-law's name, her daughter's name, of then the address of the property.
Is there an assumption to be made about the joint ownership if nothing is included about the tenancy in the Register?
Is my wife now the sole owner of the house, obviating the need for a grant of probate?
Comment by AdamH posted on
Alan - the register is not definitive re whether a property is held as tenants in common or not. Most people will look fir a (form A) restriction after the named owners to confirm TIc but as mentioned that’s not definitive.
However having said that whether they were TIC or not has no bearing on the issue of probate re the property. If they were registered as joint owners the legal ownership has passed to your wife as the surviving joint owner. The TIC aspect relates to their beneficial ownership
Comment by Alan S posted on
Thanks Adam - I understood that the survivor of joint tenants was automatically the sole owner and was free to dispose of the house as they wished, without the need for probate.
The survivor of TiC would automatically own only half the property (failing any other split specified) and would need a grant of probate to deal with the other half of the property iaw the deceased's wishes as stated in the will.
If the Land Registry is not definitive in this question, what is?
If there is no Form A restriction, which there isn't, can we simply go ahead and sell the property without probate, with no objection from the Land Registry?
Comment by AdamH posted on
Alan - first scenario is correct re being sole legal owner. They can also sell on their own. But the beneficial ownership of the deceased may not mean that they are able to do as they wish with any proceeds of sale. As I said probate is not needed. That’s because the property does not form part of the deceased’s estate as the legal ownership passed to the surviving legal owner.
Second scenario is the same again re legal ownership passing to the surviving owner. Probate is still not needed. A form A restriction prevents the sole owner from selling on their own. They can
still sell but must appoint a co trustee and together take receipt of the purchase (capital) monies.
As far as definitive goes that all depends on what exists re wills and trusts and anything else that affects or splits their beneficial ownerships.
If there’s no form A restriction then the surviving sole registered owner can sell without probate
Remember we register the legal ownership and that cannot be split. Only the beneficial ownership can be split
Comment by Steven M posted on
Hi,dealing with father in law's estate. He owned a house as tenant in common 50/50 with his ex wife and they still both lived in the property. His will states he wants his ex wife to have his half of the house so she would own the property outright and continue to live there. Which form would we use to take his name off the register and keep her on now as sole owner? We have grant of probate. Thanks
Comment by AdamH posted on
Steven M - see our Practice Guide 6 https://www.gov.uk/government/publications/devolution-on-the-death-of-a-registered-proprietor
Section 3 deals with the update using form DJP. Section 7 deals with removal of the form A restriction on the register which most apply for when the6 split the beneficial ownership.
Probate isn’t needed but an official copy of either it or the death certificate can be used to confirm the death
Comment by Steven Morgan posted on
Thanks, but para 3 says I need to supply probate and so does 8.4 we have only applied as yet so still awaiting to receive the grant.
Comment by AdamH posted on
Steven - section 3 refers to evidence of death. Whilst probate is one option the death certificate is the other and in a DJP scenario all you need.
In section 8 it explains that probate is needed if you need to deal with the property. As you don’t, as the surviving joint owner would do that , namely sell/mortgage it, you don’t need probate.
But remember it’s section 7 that relates to the form A restriction. Not section 8
Comment by Steven Morgan posted on
Thanks, we have found out it there is no title number for the property. Will this be an issue?
Comment by AdamH posted on
Steven - if it’s unregistered then it will need registering at some stage. That needn’t be now but it might be an idea to consider it. If for any reason it’s being transferred then that would trigger the need to. https://www.gov.uk/government/publications/first-registrations
Comment by Louise posted on
Hi
My Father In Law has just passed. My Mother In Law is the sole beneficiary of the estate which is Valued < £200,000. The property title was in some name of her husband so it now passes to her.
I know the forms that need to be filled in and I believe the fee to HMLR is £60 plus fee for her ID1 form to be certified by solicitors.
My question is: can she deal with this process as the beneficiary or does this have to be done by one of the executors?
Thank you
Comment by AdamH posted on
Louise - anyone can lodge the application but the executor(s) need to transfer the ownership.
Many others will only deal with those named executors
Comment by Louise posted on
Thank you. Your response is must appreciated.
Comment by Louise SYKES posted on
Hi
I just had a further question please.
Had contact with a Which legal adviser today as my husband is a member and we need now to ask Land Registry if an application for the title of the property which is in my late Father In Law sole name to transfer to the sole beneficiary his widow can be made without the need for obtaining a grant of probate given the current circumstances we are all in. The house is the only asset and it’s valued at less than the IHT threshold. My Mother in Law is named as beneficiary in my late Father In Laws will.
I understand the forms AS1 AP1 and ID1 and £60 will still need provided to Land Registry.
Thank you
Comment by AdamH posted on
Louise - if the property is in his sole name then probate will be needed
Comment by Kate posted on
My father-in-law is the sole executor and beneficiary under my mother-in-law's will. They held their house as tenants in common. Probate was necessary for other assets. What forms does he need to fill in to transfer the house into his sole name? Thanks.
Comment by AdamH posted on
Kate - form DJP to update the register. And forms RX3 and ST5 if there’s a form A restriction that needs removing. See the blog article for guidance and links
PG 6 sections 3 and 7 also explain. https://www.gov.uk/government/publications/devolution-on-the-death-of-a-registered-proprietor
Comment by Kate posted on
Thank you!
Comment by Philippa posted on
Hi just needing some help/ advice. My dad recently passed away and he owned the property jointly with my mum. Me and my mum are still living in the property. We don’t know where to begin, just wanting some help of what we need to do regarding removing my dads name. Is there anyone we could speak to over the phone? Thanks
Comment by AdamH posted on
Philippa - I’m sorry to read of your loss but I’m afraid our phones are not open at present.
The blog article takes you through what is required to update the register using form DJP and an official copy of the death certificate.
Have a careful read through and if Qs remain please do ask here and I’ll do my very best to help
Comment by Philippa posted on
Thank you, what happens then once we complete and send the DJP form?
Comment by AdamH posted on
Philippa - we update the register re the death and return the death certificate with a copy of the updated register.
Comment by Mark7007 posted on
Hello,
My mother recently passed away and was sole owner of her house/property, which she left to me (her son) in form of "life rent" or what I understand is also the exclusive rights of residence unless I decide to not reside at the house in the near future, then it would be sold and then become part of "estate" which would be split equally between myself, my brother and my sister. My question is do I have to get the title deed changed to reflect a "joint ownership" between the three of us (my brother , sister , myself), or does the title deed need to be changed to reflect a "life rent" in my name etc.
Thanks!
Mark
Comment by AdamH posted on
Mark7007 - it’s legal advice you need here to decide what’s best for you all. We register the outcome of that decision and can’t advise you on which might be the best option.
Comment by immolateus posted on
Hi, can someone help me with The AP1 form, im a little confused and just want to make sure i have all the things i need and i've filled the form out correctly.
My mother passed away recently, and has made me her sole beneficary to her estate, im trying to assent her home into my name, im not selling it im keeping it to live in, her house is also registerd.
On form AP1, am i surpossed to leave sections 12,13,14, totaly blank?
So i just fill out the form from section 1 to 11, sign and date section 15, and send it to the land registry with form AS1, and a copy of the probate. is that correct?
Comment by AdamH posted on
Immolateus- yes if you are the executor as named in the probate as well as the beneficiary. I would tick the ‘not’ option in panel 12 and add that you are the named executor/beneficiary
Comment by immolateus posted on
just to make sure, to add that im the executor and beneficiary, its the part on section 14, where its says: Name of transferor, Landlord, transferee, tenant, borrower or lender, i would put my name, and in the second column where its says: Conveyancer's name, address and reference, i put none?
Comment by AdamH posted on
Immolateus - you can do
Comment by Javi posted on
Hi, Can I check if all executors named in a grant of probate would need to sign an Assent form? Or is the assent valid if correctly executed as a deed by one of the executors? In other words, does each executor have sole signing authority for this purpose? Thank you!
Comment by AdamH posted on
Javi - all depends on what the probate requires. Most will require all to act where land/property is part of the estate but have a read of it to see if they can act individually as well as collectively.
Comment by Javi posted on
Thank you! There is no reference to acting individually or collectively on the grant of probate or the will, so I had assumed all executors would need to make decisions about land/property collectively but I was wondering, assuming they all agree, whether they all still need to sign the assent form. My reading of your response is that yes, in principle, they do. Is that correct? Thanks and sorry to ask again!
Comment by AdamH posted on
Javi - that is correct and they all have to be a party to and execute the Assent
There is no need to apologise as these are not everyday issues you are dealing with
Comment by Javi posted on
Thank you very much!
Comment by JM Lacey posted on
Hi there, I have a question regarding which for to use.
My Aunt has passed away, she owned 75% of the property she lived in, with my Mother owning the remaining 25%.
I am the Executor and need to transfer my Aunt's share to her son (leaving my Mother's share as is). Is this done through form AP1?
Am I required to use a Solicitor or conveyancer, or can I submit the paperwork myself (Grant of Probate, ID1 for my cousin)?
Best regards
Comment by AdamH posted on
JM Lacey - you’ll need your Mother to transfer it so forms AP1; TR1 and ID1s as per the linked guidance in the article.
The legal ownership has passed to the surviving owner and you can only transfer the whole of it. The 75/25 split relates to their beneficial ownership so you don’t need probate to deal with the property
You don’t have to use a conveyancer but we always recommend that you do
Comment by Kofi posted on
Can an executor of a will put their name on the title deed of a property in the estate of a deceased and hold it as a trust to be transferred to the beneficiary at a later date?
How can they go about it if the answer is yes?
Comment by AdamH posted on
Kofi - yes. form AP1 plus official copy of probate and Scale 2 fee on the curren5 market value of the property.
https://www.gov.uk/government/publications/change-the-register-ap1
https://www.gov.uk/guidance/hm-land-registry-registration-services-fees#scale-2-fees
Comment by Gail R posted on
My sister and I are executor's of my late father's will. There is a plot of land registered in his and my late mother's name. As per the will it now belongs to me, my sister and my brother equally. However, my sister will not sign the transfer forms for it to be put into our 3 names.
My solicitor informs me that the legal position is that the land be sold at market value and the proceeds split 3 ways. Again I suspect my sister would not sign the paperwork. I suspect she wishes to wait to claim the land - it is next to her house. How do we stand?
Comment by AdamH posted on
Gail R - it’s legal advice you need to rely on here. We can only provide the registered details
Comment by The Executor posted on
My father died leaving his half of a house in his will to me and my two brothers, while my mother can live there for the rest of her life. We are also his executors. We now discover that on making their wills in 2005, the solicitor failed to change the house from Joint Tenants to Tenants in Common, so my dad's will leaving his 50% to his three sons is not legally binding.
We did not apply for Grant of Probate, as everything bar 50% of the house went to mother and his estate was not large enough to pay inheritance tax.
The solicitor's firm is saying that for the will to be effective, we now need Grant of Probate and a Deed of Variation signed by mother stating that 50% of the house is to go to his sons.
The solicitor goes on to mention lodging the Assent with the Land Registry and other legal work.
What was a very simple estate is now looking at £1,000s of legal fees.
My question is: If we have a Deed of Variation, does this allow for the Title Register to be updated to indicate that the house is no longer Joint Tenants, but that the three sons have a claim over the property in our father's will and subsequent Deed of Variation?
As the executor, can I apply to the Land Registry for this, and not have to pay solicitor's fees?
Many thanks.
Comment by AdamH posted on
The Executor - we don’t register you as tenants in common as that’s not a term we use in the register. Joint owners may apply for what’s known as a form A restriction to protect such arrangements but don’t have to. A will or trust deed can still split the beneficial ownership and leave half of that to someone and that is still legal if a form A restriction isn5 registered
In the circumstances I’d recommend you get wider legal advice. Your Mother’s legal and beneficial ownerships, her life interest and the children’s interests all need to be considered.
You have options be it to leave as is, for your Mother to transfer the title or apply for a form A restriction. But I’d invest in some extra advice, decide what you all want to do and if appropriate do it yourselves.
If you don’t want to spend more money on legal fees then try online forums such as Money Saving Expert or Mumsnet but we’d always recommend legal advice on the specific details naturally
Comment by The Executor posted on
Many thanks for the quick reply. Does a solicitor need the Grant of Probate to apply for a Form A restriction? We get the feeling that we could potentially be charged for a lot of work that is unnecessary. Thanks.
Comment by AdamH posted on
The Executor - not in my experience but have a read of our online guidance on joint property ownership and private trusts
https://www.gov.uk/joint-property-ownership and
https://www.gov.uk/government/publications/private-trusts-of-land
Comment by The Executor posted on
Again, thanks for being so quick with a reply. The solicitor is now saying that Probate is needed for a Transfer of Property with the Land Registry. He is proposing we update the Proprietorship Register to be Tenants in Common with our mother. 3/6 to her, 1/6 to each son. Does he need probate for this?
Comment by AdamH posted on
The Executor - as already explained if the property was in joint names then the legal ownership has passed to the surviving joint owner. We don’t register ‘shares’. Probate is not required to deal with the registered property.
I should stress that you must rely on your legal advice here though and not blog comments. Your solicitor will be advising on everything involved after all
Comment by RichW posted on
My mum has recently written her will and has chosen to split all of her assets equally between me and my brother. We are both named as executors.
I am currently renting a house and am hoping to buy my own in the next few years, so am eligible for first time buyer stamp duty relief and a bonus on my help to buy isa.
As we would be tasked with splitting her assets, would I technically end up owning her house at any point (ie. be registered on the title deed)? We would sell the house and split the proceeds jointly but at any point would we be classed as “owners” of the house? I’m worried that if I end up inheriting property before I get the chance to buy my first house, then I would lose my first time buyer credentials.
Many thanks
Comment by AdamH posted on
RichW - it’s legal or wider advice you need here as to your role as an executor. We only register you as an owner if you apply to be registered. But try online forums such as Money Saving Expert where they have a specific thread for such matters under Wills/probate or similar
Comment by ETay posted on
Hi there, my father died recently and the house both he and my mother live in was bought in the 1970s. We have located the title deeds (the conveyance). Although the mortgage, which is now paid off, was in both of their names, the conveyance was just in my fathers name (which I guess was fairly common at that time). For the purposes of transferring details to my mother (who is executor and beneficiary of the will), will this require a "first registration" of the property?
Comment by AdamH posted on
ETay - the Transfer will trigger the need to now register
Comment by ETay posted on
In terms of filling out probate forms, does this mean my mum would declare the whole value of the house as part of my late father's estate (rather than half)
Comment by AdamH posted on
ETay - you’ll need to check with the probate service. Search online at GOV.UK
Comment by MC posted on
My mother in law passed away two years ago. Everything transferred automatically to my father in law and probate was not required on her death. As one of the executors to both of their wills, I did not think to notify the land registry to put the house in his sole name. He has now recently passed away and I am going through the paperwork to get everything ready for probate. The property appears not to have been registered with the land registry (it was bought a long time ago) but I am in possession of the original deeds and those confirm joint tenancy for my parents in law. The beneficiaries are their grandchildren so title will need to transfer to their names. It is not the intention to sell the property.
I am not sure where to start and what forms are required now both have passed away. I also live overseas as do the grandchildren. Is registering the property and the title transfer something I can still do myself, living abroad, or should I hand it over to a solicitor?
Comment by AdamH posted on
MC - whether you do it yourself is entirely your choice. Our assisted guidance will refer you to the required forms and guidance so I’d have a read of that and then decide
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_
Comment by Laura posted on
Hi. I wonder if you can help. My partner of 19 years, died suddenly in February of this year. We got married 4 days before he died. I filled out all the forms and have now received the Grant of Probate certificates. On the certificates my name is given as my maiden name as this is what is on my only form of ID (drivers licence). Due to the speed of our getting married, my husband's death and then lock-down, I have not been able to get my ID changed to my married name. Hence, my question is, when I fill out the documentation to get the house, which was in his sole name, changed to my name so that I can sell it once we come out of lock-down, should I use my maiden or married name?
Comment by AdamH posted on
Laura - you would use your legal name which would be your married name now.
Comment by Laura posted on
Thank you Adam for clearing that one up for me. My next issue will be seeing if I can find any documentation showing the title number of the property. I'm assuming that may be at the bank where he originally had his mortgage. Would you suggest that's the best place to start?
Comment by AdamH posted on
Laura - if he bought the property in the last 30 years then it should be registered.
https://www.gov.uk/search-property-information-land-registry
Comment by Laura posted on
I have now activated an account with the Land Registry and paid for copies of the documentation I needed. The system was very easy to access and will hopefully help me to sort things out in the future. Many thanks.
Comment by RichardW posted on
Hi, hopefully an easy question to answer but I have just spent a couple of hours on line attempting to find what, if any, forms I need to complete for my situation below, none of the guidance seems to deal specifically with my case.
My Uncle died 18 months ago, I am the sole executor of his estate and also the non beneficiary Trustee of his house which is registered with the LR and he is on the title deeds as the sole owner. I have a grant of representation and have dealt with the rest of his estate but taken no action yet in respect of notifying the LR of his death. I now need to sell the house and purchase another one bought with the proceeds. Should I have already registered the death with the LR or can I wait until the conveyancing commences to possibly save some costs by not duplicating the process? If it requires action now, what is the relevant form, Thank you
Comment by AdamH posted on
RichardW - if you have probate then you don’t usually have to update the register when selling. It’s really up to your buyer so we don’t offer guidance on that but they normally accept a copy of the register and probate as proof of both death and your legal authority to sell
Comment by Gerard posted on
My Mother died in November 2018, leaving the house to my brother and myself. As executor, I completed the probate but didn't consider the Land Registry issue till earlier this year. In early April I sent off the application to transfer ownership, using form AS1, as well as the appropriate fee. Today I received a letter requesting that I fill out form AP1 and that I need to get my brother to fill out form ID1, which requires him to get his identity verified by a conveyancer or Chartered Legal Executive. Apart from the task of locating one of these individuals, with no doubt a fee involved for such a service, I wonder why he requires it while I did not? I am resident in the house in question, is that the factor? We are intending to sell the house in the near future, is all this really necessary?
Comment by AdamH posted on
Gerard - the identities have to be verified for anyone accept the executor as named on the probate. So if you applied for probate and are the only named personal representative then your identity is covered. If he is a beneficiary then it’s not hence the requirement
If you are intending to sell then a buyer can often rely on probate as sufficient evidence of your legal authority to sell
Comment by Jen posted on
I have scrolled through this vast blog but can't find anything that relates to my situation. My dad died and in his Will specified that my mum, me and my sister are Executors and Trustees. They were tenants in common. Dad wanted mum to live in the property for as long as she needs to but his share is 50% to myself and my sister we are executor trustee and beneficiary. Should my mum transfer the property to me and my sister now? If my mum needs care can our half of the house be sold by the authorities to pay care costs or would they only insist on the sale for her half of the property?
Comment by AdamH posted on
Jen - we don’t deal with what you should or shouldn’t do. We register the outcome if that decision. So it’s wider legal advice you need here
Comment by Lisa tarrance posted on
I would like to email you so you can take look at this will can u please email me thanks
Comment by AdamH posted on
Lisa - we don’t deal with wills or inheritance so I’d recommend you get legal advice
Comment by Anthony Howell posted on
Hi, I have recently inherited 50% share of a property and wish to purchase the other beneficiaries out of the remaining 50% of the property for £90k. The property is registered in the name of the deceased. Do we use Form TR1 with Executor as Transferor and myself as Transferee? The consideration as box 3 and "the transferor has received for 50% share the sum of £130,000.00? Do Land Registry require copy of the will as evidence of my inheritance of 50% or should I write that I already inherited 50% in panel 11 additional provision? Thanks for any help!
Comment by AdamH posted on
Anthony - TR1 is the correct transfer form. See our online guidance re how to complete the consideration https://www.gov.uk/government/publications/registered-titles-whole-transfer-tr1/guidance-completing-form-tr1-for-the-transfer-of-registered-property#how-to-complete-panels-in-form-tr1
We don’t need the will
Comment by Anthony Howell posted on
Hi Adam - Thank you for the quick response! so correct consideration would be just £90k without having to write anything about my inherited share?
Comment by AdamH posted on
Anthony - if that’s the amount you are paying.
Comment by Jemma posted on
Hi, I'm selling a property unregistered owned jointly, severance of joint tenancy served in 2003, death or Mr in 2010, Grant of Probate obtained in Mrs and daughters name. Mrs has died 2020 in order to sell am I correct in thinking we would require Grant of Probate for Mrs too? We were selling under Grant of Probate as Daughter as executor and other daughter as attorney for mam but since start of sale mam is deceased. Thanks
Comment by AdamH posted on
Jemma - to deal with the property you will need probate for the Mrs. You don’t need it for Mr other than it can be used to confirm his death
Comment by Jemma posted on
Hi Adam, thanks for confirming, I thought I had it correct but someone threw a seed of doubt in and made me question myself.
Comment by Muhammad posted on
Hi, Our mother passed away and left her house to her six children, one of whom is the Executor of her will. Probate has been granted but we are not sure what to do with the house. How long can the property remain in our deceased mother name? Can we transfer it to our joint names? Thanks
Comment by AdamH posted on
Muhammad - registered titles can remain in a deceased’s name for many years. We are sometimes only notified as and when a change is needed such as a transfer to a beneficiary or third party. So we are unaware of the death until someone notifies us.
We would always encourage people to keep the register updated but how and when is largely for the executor/beneficiaries to decide. If the decision is to transfer it then please use the linked guidance provided in the article
Comment by Kirsty Edgar posted on
Hello,
I'm hoping for some advice. My partner and his brother were left a property in the will of their Grandfather. Their Dad (as executor of the will) has filed and received back all the paperwork for probate - what is left to be updated is the land registry so currently the property is still registered under the Grandfather's name.
My partner and his brother want to sell the property. Do they need to update the land registry before they do, or can this wait until the new owners take over?
Comment by AdamH posted on
Kirsty - most buyers will accept the probate as the executor’s authority to sell and transfer the property. If your partner and the brother want to be the ones who complete the sale and transfer then the executor would need to transfer the ownership to them first
Comment by Jemma posted on
Hi Adam, I don't have a deceased owner but someone acting under a POA. I was hoping you could assist as you have been really helpful in past. My scenario is "for example" Mrs Smith and Mrs Bloggs own property as tenants in common (sole proprietor restriction on title) Mrs Bloggs health is failing and there is already in place a POA appointing Mrs Smith as sole Attorney. Can the property be sold by Mrs Smith in her own right and Mrs Smith acting as Attorney for Mrs Bloggs? There is a replacement Attorney in the POA which I would make party to the Transfer in order to deal with the sole proprietor restriction if necessary. Could you let me have your thoughts. Thanks
Comment by AdamH posted on
Jemma - the Transfer could not be solely by Mrs Smith even as herself and as the attorney due to the form A restriction
Comment by Jemma posted on
Adam, thanks, how would we overcome the same in order to sell the property then? Could we appoint a second Trustee within the Transfer?
Comment by AdamH posted on
Jemma - yes
Comment by Cat Tubbs posted on
I have probate following the death of my mother, and need to transfer her house into my name and that of my sister...we are both abroad although I will be in the UK in August (hopefully).
Is the land registry office open for personal visits?
Comment by AdamH posted on
Cat - our offices remain closed to personal visits and I don’t envisage that changing in the coming months
Comment by Cat Tubbs posted on
thanks, I thought that would be the case...is there a time limit from when probate is issued?
Comment by AdamH posted on
Cat - no. Whilst most executors will look to deal with the deceased’s estate, which can include property, in a timely fashion there can often be factors that can result in delay
Comment by David Hill posted on
Hi there, my late father owns a property in my step mothers name, he provided the deposit, paid for the mortgage and bills etc.
Our step mother and my father fell out days before he died and she destroyed the declaration of Trust whilst he was in hospital. She very quickly cut all communication with us, cleared his belongings and now sold the house.
I have tried to locate it by contacting all the Solicitors he may have dealt with, but they have all now closed. I’m not sure what to do next, any help would be appreciated.
Comment by AdamH posted on
David - I’m sorry to read of your loss and subsequent difficulties. If the property was registered in her name and your late Father had not protected his interest in the registered title then we won’t have any details to assist.
If you believe there was some form of trust or agreement and you, as his beneficiary, have a claim then it’s legal advice you need
Comment by Miriam Dumas posted on
My mother was sole owner of our house, and the property has a charge on it for the local council who did a lot of work to the house to make it safe and liveable because we'd neglected it for so long.
My mother recently died and I am still living in the house, can I legally continue to stay here without changing the land registry entry and avoid having to pay the council back just yet.
Comment by AdamH posted on
Miriam - it’s legal advice you need here. We deal with the legal ownership, which is now part of your late Mother’s estate. We don’t deal with who can live there or the settlement of such debts. But the council, if they are aware of her death, may look to contact you in some way so best to speak to a solicitor to see what your legal obligations are
Comment by MALINI posted on
Do I need to go through a solicitor, to submit a DJP, or I can do it myself? For the amount of work required they are charging me £300 + VAT?
Comment by AdamH posted on
Malini - you don’t have to use a solicitor to make such an application to update the register
Comment by malini posted on
So I just fill in the DJP FORM and the AP1 form? Or only the DJP? My father passed away and we had joint tenancy without any mortgage
Comment by AdamH posted on
Malini - form DJP plus death certificate is enough to update the register where joint owners are registered 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_
Comment by Debra Evans posted on
Hi,
I would be very grateful for some advice regarding the following:
1. When a person passes away as sole owner of a property which has longstanding charges against it on the Land Registry by a finance provider, does the executors of the estate and will have to apply for Probate?
2. There are possessions inside the said property that were not the rightful belongings of the deceased but provisions have not been made to return the items to the rightful person by the deceased following her death, what can you do as I am fearful that the property maybe emptied prior to any Probate application and indeed attempts maybe made to administer the estate without going to probate.
Many thanks for your valuable assistance.
DLE
Comment by AdamH posted on
Debra - first thing to say is that in such circumstances legal advice is always the best kind of advice to seek.
1. If a sole property owner dies you will always need probate to deal with property/title.
2. Not something we deal with so I’d recommend asking a solicitor familiar with probate law wills and inheritance. If you are looking for online advice then try forums, rather than blogs, such as Money Saving Expert and Mumsnet
Comment by Debra Evans posted on
Thanks very much for the information.
Comment by Susan posted on
Thanks for your advice. My mother passed away last year. She owned the house with my dad as tenants in common. Her will stated that her share, the 50% was to pass to my brother and I in equal shares with a life estate for my dad. I filed the paperwork to remove my mum from the deed, and now it is just in my fathers name. Can you tell me please the process I need to complete to add my brother and myself to the deed?
Thank you
Comment by AdamH posted on
Susan - if that’s what is wanted then your Father would have to Transfer the whole legal title to himself and the two of you https://www.gov.uk/registering-land-or-property-with-land-registry/transfer-ownership-of-your-property
You can’t transfer a % share of the legal ownership. The % shares relate to the beneficial ownerships
Comment by SUSAN posted on
Thank you Adam, for your response. Just so that I fully understand, the ownership percentages are irrelevant, and it is simply a matter of dad completing an AP1 form, us determining the appropriate fee, and us sending the form to reflect change from a single owner, Dad, to all current owners , Dad, my brother any myself?
Thanks for your help
Comment by AdamH posted on
Susan - that is correct. But do read the guidance and notes. The %s are relevant but not with regards the actual transfer from Dad to Dad plus two. How you manage/record those %s and how they affect going forward do matter. They just don’t matter with regards the actual act of transferring as you must transfer the whole of the legal ownership
Comment by cait posted on
hi my husband of over 10yrs years still hasn't put me on house deeds but I pay Bill's . I have step children who have turned their back on me plus 2 boys of my own. my husband adopted my oldest, the other is his. if my husband was to pass away where do I stand with the house as I believe his kids would attempt to throw me and my 2 out to gain money.
Comment by AdamH posted on
Cait - we can’t advise you on how the law would view such things and I’d strongly recommend you get legal advice. Our Practice Guide explains how you can seek protection re the marital home but again worth getting legal advice as those rights can be effected on death of a spouse https://www.gov.uk/government/publications/applications-under-the-family-law-act-1996
If you are looking for wider online advice then you could also try online forums, not blogs, such as Mumsnet
Comment by Samantha posted on
My mother and father split up some thirty years ago and my mum bought my father out of the house. However, he didn't get his entire half of the house it was tied up so that he could only get it once she died or if she sold it in his lifetime. If he died before her then his remaining share was to go to the children. One of the conditions in the agreement was that my mum was supposed to draw up a will outlining this - she never did. My father died few years ago and now my mother has died. She has left no will but I have the deed agreement where it says what was to happen as part of the transfer of the property to her. There will be IHT to pay as the property is well over the threshold. What will happen to my father's share? Should his share be deducted along with her debts? if so what forms do I need to fill out to reflect this? Any help is much appreciated.
Comment by AdamH posted on
Samantha - I’m sorry to read of your loss. We can’t advise you on what happens re the beneficial ownerships or how their estates are dealt with. It’s very much legal advice you now need
We deal with the legal ownership of the property rather than it’s value/share/wills
Comment by Heather posted on
Hi
I need to assent my late father’s property to my mother and have noticed that the postcode on the Official copy of register of title is different to the actual property's postcode. The last 2 letters on the register are DD but should be BB. Is this going to be a problem? Title Number WT62294
Comment by AdamH posted on
Heather - no, just draw attention to it as part of the application
Comment by Sally posted on
My brother-in-law died in March. He and my sister owned their house as tenants in common and he has left his half of the house in trust for her use in her lifetime. Along with my sister and their son I am a trustee. I understand we need to submit form DJP to remove my brother-in-law off the land registry, and then complete an AP1 for myself and their son to have us added on. My sister does not have to complete any forms as she is already registered for the property. Is this right? If it is then am I right that we also then need to submit ID1 in respect of the two new names to verify our identify?
Comment by AdamH posted on
Sally - form DJP will update the register re his death. If the legal ownership is to be transferred then your sister would need to transfer it to herself plus you and your son. You can’t just add yourselves.
In light of the trust and TIC references I would recommend that you all seek some legal advice as to how best to deal with this and to protect each interest. It’s usually a case of weighing up what’s best rather than a case if you must do one thing or another
Comment by Jack Marshall posted on
My grandma passed away two years ago, she left her property to my father, myself and my brother. However my father is the will executor and has done nothing about transferring the property. Myself and my brother while not having a lot to do with our father are happy for him to live in the property until he passes away but worried when he passes away what will happen to the property. Can he try and transfer it to himself without our knowledge or leave the property to his new wife?
Comment by AdamH posted on
Jack - we deal with the legal ownership so if the personal representative as named in probate transferred it then we’d register it. We don’t deal with the beneficial ownerships so we don’t deal with any will, trust or other arrangement that may exist. I’d suggest you get legal advice to 7nderstand what rights you each have here re the property.
Comment by Joanne Martin posted on
My mother passed away earlier this year. She owned a property with my father who died a few years ago. The property is still registered to both of them.
There is a charge on the property due to my mother's deferred payment scheme for care home care costs.
I wish to transfer the property to me (as beneficiary of her will), and raise a mortgage to pay off the charge.
Which forms do I need to complete? Thanks.
Comment by AdamH posted on
Joanne - the article links you to our guidance https://help.landregistry.gov.uk/app/answers/detail/a_id/27
You’ll need to also include an official copy of your late Father’s death certificate or probate.
Comment by David Bean posted on
Hi. My father passed away in April. There's been a delay in dealing with this which has got my mother down. So I called the Probate Office and they said no probate was required but that I should speak to you guys. I called but the lines were playing up so I used the site email form. Then one of your colleagues phoned back, actually spoke to two. They both said no probate was required. However, I received a reply to my email request saying "they couldn't comment as to whether probate was required". So here I am...
I know you don't do Wills but will include some for context.
My parents were Tenants in Common and the house is in a trust with a Form A restriction.
In his Will my father bequeathed half of his half to his executors (my Mum and one of my brothers) so 12.5% each. He then bequeathed the remaining half of his half to my two brothers and I so 8.33% each.
I've read (many times here) that as my parents were Tenants in Common then my Dad's half as legal owner passes without question to my Mum. Is this correct for TIC please?
Further, does my mum as 100% legal owner have to divide the legal ownership up as per my Dad's?
If she does have to, then will Probate be required to add my brothers and I to the land registry?
My Mum's Will is a mirror Will which ultimately upon her death bequeaths equal shares to my brothers and I. So if she legally divides as per my Dad's Will could it probate a formality when we're dealing and grieving her death?
Sorry lots of questions in one comment.
Thanks in advance.
Comment by AdamH posted on
David - if they were joint legal owners then on the death of one that legal ownership passes to the surviving joint owner. The TIC, share and wills all relate to their beneficial, not legal, ownerships.
As the legal ownership has passed to the surviving legal owner the property does not form part of your late Father’s estate so probate is not required.
If it’s decided that the legal ownership is to be transferred then that would be a Transfer by your Mother to whoever, say herself plus your late Father’s beneficiaries. I say “if” as that decision is up to those affected, not us. We register the Transfer so we are unaware of why one might happen and in some cases families do transfer but in others they don’t and much depends no doubt on personal circumstances as well as what arrangements Mother and a Father has in place already.
I always recommend that everyone involved gets legal and financial advice before doing anything. That may mean you simply update the register re his death only.
Comment by David Bean posted on
Thanks Adam.
So just Form DJP and a copy of the death certificate as and when?
No need for forms AP1, TR1 and ID unless Mum wishes to transfer some legal ownership?
If my brothers and I are added does it then negate the need for probate upon her death as we will already be owners in part?
Thanks.
Comment by AdamH posted on
David - yes, correct and yes
Comment by David Bean posted on
Thanks Adam
Is there a maximum amount of questions I can ask and have I reached my limit?
Comment by AdamH posted on
David - there’s no maximum or limit but I must stress how important it is for you all to get legal/financial advice on this as to what’s best and what happens in any given future situation.
We deal with the legal ownership of the property but there’s a lot more to consider here inc wills,inheritance, your late Father’s wishes, other beneficial interests such as wider family and so on
Comment by David Bean posted on
Hello again Adam.
I'm being told on Money Saving Expert that under TIC ownership doesn't automatically go to the surviving owner. They claim that under TIC ownership doesn't automatically go that way and ownership has been bequeathed by my Dad to my brothers and I. Been sent this link...https://www.gov.uk/joint-property-ownership
Comment by AdamH posted on
David - the TIC aspect relates to the beneficial ownership. We register the legal ownership.
If joint owners sever their joint ownership or indeed its severed by some other action then that can lead to a form A restriction being applied for and/or registered. The linked guidance you have included explains how you can check and change those details as appropriate
So on a registered title where you have two registered owners if one dies the LEGAL ownership passes to the surviving registered owner.
If there’s a form A restriction in place then that restricts the surviving owner from say selling the title on their own.
If you are uncertain of what can or cannot happen in your case then it is very much legal advice you need here. That advice can focus on the specific details including, but not solely, the registered details. I’m afraid that whilst public forums can be useful resources they are a view and understanding expressed in general terms only.
And if you ask the same Q of a variety of people you will get different views, answers and comments so sticking to legal and professional advice on a complex matter such as this is always the best way to avoid any misunderstandings, misdirection or confusion
Comment by David Bean posted on
Thanks Adam. So I have understood correctly. There seems to be a lot of confusion regarding legal ownership and beneficial/bequeathed interest.
Comment by AdamH posted on
David - for me it’s clear cut but it is a tricky subject to fully understand. In my experience every scenario is unique as those involved and their legal and beneficial interests will always differ. General comment and advice only take you so far. It’s the specifics that matter and there should be no confusion if you deal with those
Comment by David Bean posted on
Just wondering what your experience is with properties in trust where a part owner, though I'm just a beneficiary at the moment, was a bankrupt when being bequeathed a beneficial interest?
I declared bankruptcy a month before my father passed away.
Comment by AdamH posted on
David - no experience as that is exactly one of the things that needs to be considered with wider legal advice. We deal with the end result of such considerations when they result in an actual transfer of the property for example. When it’s transferred we are not told, and nor do we need to know, why it’s happening or why another option was not taken
Comment by David Bean posted on
Ok. Thanks for your replies.
Comment by Steve Vermont posted on
My aunt died in Nov.2019. Her house had been rented out to help with Care Home fees. The tenants were due to move out at the end of April 2020, but covid-19 rules meant that they could stay on. This has affected probate. The property could not be sold. When will it be possible for this process to start, and as the house has gone up in value, and is now past the six month rule for inheritance tax purposes, how much will the government want. Surely one can't be held responsible for breaching that six months rule. One of the inheritors has lost their job and really need their share.
Comment by AdamH posted on
Steve - I’m afraid we don’t deal with probate or inheritance tax issues. I’d suggest you get wider legal advice on both
Comment by Sara Dean posted on
I have an interest in a property that is registered in my grandfather’s name - and he died in 1948.
He left will. Property then went to his widow and their four children.
Fast forward to the 80s and my Nan died intestate.
So the children then inherited equal shares under intestacy.
Since then three of the children have died, two without issues.
This leaves me as only grandchild and my elderly aunt now 89, who have interest in house (unoccupied)
What forms do I need to transfer ownership and do I need to evidence everything that’s gone on since 1948 inc death certs, probates, wills etc.
Assume I will need to get myself and aunt’s Identity verified.
An usual case possibly.
I do not want to engage a solicitor
Please can you advise
Comment by AdamH posted on
Sara - everything starts with the legal ownership. That only changes by way of a legal deed so if your late grandfather was the sole legal owner that will only change if his executor then transferred the legal ownership to his beneficiary for example.
If I have understood correctly the legal ownership is still registered in his name. If so you need probate for him. His executor can then transfer the legal ownership.
If they have also died then you’ll need probate for them so as to create a chain of representation.
Intestacy, inheritance, wills and shares tend to relate to the beneficial, not legal, ownership so I’d suggest you focus on the legal ownership, probates and chain of representation first to see who can now legally deal with the property transfer
Comment by Sara posted on
Thanks AdamH.
As said, my grandfather did leave a will but the executors of his estate (my now late grandmother and late father) did nothing to transfer legal ownership of the family home and this state of affairs has perpetuated since 1948 - 72 years. Grandmother died without a will, so under intestacy her interest in the property went to her children.
And as each member of the family has died, it has left only myself and my elderly aunt as direct descendants. I am satisfied with the chain. In deaths where wills were left, the property was never mentioned but residual estate went to next of kin.
My question how I go about transferring the title deed to my aunt and myself and will I need to present all documents going back 72 years.
Comment by AdamH posted on
Sara - understood but it’s the chain of representation, namely probate/letters of administration that count here re who can transfer the legal ownership. It’s not the chain re wills, inheritance or intestacy that count.
If he died and probate named his late widow and your late Father then you need to consider any chain to confirm legal authority to deal with the estate still. If they had no wills then letters of administration might be required to show how the legal authority they had then passed to the next executor/administrator.
So it’s wider legal advice you need here as to probate law to identify whether you have a chain of legal representation. Evidence of intestacy/inheritance does not enable you or anyone else to transfer the legal ownership. So if no probate/letters of administration have been granted since his was then you may need to apply for same
Comment by Rhonda Wells posted on
Does HM Land Registry keep copies of the transfer of title ownership forms with signatures? This is the situation.
Mrs B2 has recently died and left a Will that leaves her entire estate, including "her" property, to blood relatives (children of a first cousin). However:
Mrs A bought the property in 1961. This conveyance is on the current edition of the title. Mrs A bought the property for her married daughter, Mrs B. Mrs B and her husband lived in the property.
Mrs B left the marriage and moved out of the property, leaving Mr B and their sons living in the property. There was no legal transfer to Mr B – just an understanding that Mr B and sons could continue to live in the property.
Both Mr and Mrs B remarried. Mr B and his second wife, Mrs B2, continued to live in the property. The current edition of the title shows that Mrs B2 has been the registered owner since 1996. Mr B died in 2005. This ownership and timing is a surprise to the family.
It has always been the understanding in the family that Mrs B2 had a lifetime interest in the property, and that upon her death, the property would be granted to Mr and Mrs B’s sons as the beneficial owners. There does not seem to be a documented trust to this affect (but we are aware of resulting trusts, and that trusts can be verbal)
Mrs B is still living. We believe that Mrs B never legally sold or gifted the property to Mr B, and do not know how the title was transferred to Mrs B2, presumably by Mr B, as Mrs B does not believe she ever transferred the title to Mr B.
We will apply for a historical edition of the title for the day before the date the title was transferred to Mrs B2 to see if the immediate prior owner was Mr B or Mrs B. We may then, from the transfer date of the prior transfer, find out the previous owner. We are aware that Land Registry may not have the paper editions of the title registry.
Can you suggest any other records that might assist us in proving that Mrs B2 was not the beneficial owner of the property, so it is not part of her estate?
What authorisation would the Registrar require for transfer of title in the decades 1960s-1990s?
Comment by AdamH posted on
Rhonda - we do but the key is what was registered/retained at the time. I’d suggest you use our Contact form to submit the details of the registered title and your specific Q. Our support team can then check and advise as to what we have and if appropriate how to apply for a copy
https://help.landregistry.gov.uk/app/contactus_general
Comment by JCollins posted on
My parents owned their house as tenants in common. My father died more than ten years ago, and left his 50% share of the house in his will to my sister and me. My mother still lives in the house. She's elderly and has recently discovered that my father's name is still on the land register with hers. She's anxious both that we should have removed my father's name from the register, and that if she were to die, it wouldn't be clear that my sister and I have a 25% share in the property.
As I understand it from numerous previous responses, the legal ownership would automatically have passed in its entirety to my mother on my father's death. The interest that my sister and I have in the property is purely beneficial and wouldn't be reflected in the land register. Assuming that that's right, I have two questions:
1) Does it matter that my father's name is still on the register. Is that something that we ought to put right by sending in a form DJP?
2) As far as I'm aware, there's no restriction on the register to show that anyone other than my mother (and deceased father) has any interest in the property. Is that required, or can my sister and I rely on our father's will to show our beneficial interest?
Many thanks in advance
Comment by AdamH posted on
JC Collins - that is correct in that the legal ownership passed to the surviving joint owner.
1) it doesn’t matter in so far as the death, sadly, is factual so as and when we need to be made aware we can be. Many update the register using form DJP and death certificate but if you don’t it’s not something to be anxious about.
2) We don’t register beneficial interests. Owners may apply for a form A restriction to be registered but that simply restricts a surviving sole owner from say selling it on their own. The will is relevant to the deceased’s beneficial ownership so is still relevant in law with or without a form A restriction for example.
In your circumstances, and in light of your Mother’s concerns, I would recommend you seek legal advice to confirm matters and to understand what can and should happen next in any given scenario.
Comment by JCollins posted on
Thanks very much for responding so quickly and so fully. That's very helpful.
Comment by Nicky Acres posted on
Hi, need advice. My, younger estranged sister, is selling my late parents home, which has recently been sold STC. Can she sell it without probate? I understand my mother made a will, but not certain. Thank you.
Comment by AdamH posted on
Nicky - all depends on who the registered legal owner is. If it was your parents and they have sadly both died then someone will need to obtain probate in order to deal with the estate, which includes the property
Comment by Nicky posted on
Thanks Adam, I have checked with the Land Registry, property is still in my parents name. Supplementary question, can probate be granted privately ie not shown on the government website?
Comment by AdamH posted on
Nicky - not that I’m aware of
Comment by Ian posted on
Hi
Following my father (last surviving parent) passing away in September 2019, a Grant of Probate has been obtained. The will includes the gift of his property to myself (due to previous 'gifting' of inherited property to my sister)
My sister and I are joint executors of the will. When completing Form AS1, do both myself and my sister need to be listed in Panel 5 and are both required to 'execute' in Panel 12? What do I do if she is awkward about signing?
Comment by AdamH posted on
Ian - if you are both listed in the probate as executors then yes. If she’s awkward about signing then she’s awkward about dealing with the deceased’s estate so it would be legal advice you need re your options as there’s a case that she’s not doing what she’s required to do. Can be tricky to handle but we see the end result so can’t advise 8n how you get there as executors I’m afraid other than you need probate
Comment by Kevin Wallace posted on
Hi my wife and her Sister were gifted a property by there father ,he subsequently Died and they are were the sole heirs to his estate , What will they need to do to now sell the property .I think they got a Deed of Gift drawn up by a solicitor before his death
Comment by AdamH posted on
Kevin - they’d need to register the transfer but if that now can’t happen apply for probate.
Comment by Ian posted on
Thanks for the advice Adam.
Comment by Kevin Wallace posted on
Thanks for that
Comment by Riya posted on
Hi my mother passed away recently, The property was her main home and mortgage free. ( my sister and I paid the mortgage off, after our dad passed away) . The property was transferred to mum as it was held jointly with our father. She has a will and left everything to both of us. Do we need to get a probate? Or we can transfer the property to our names using the AP1 and AS1 form including the death certificate and the will? Her estate Will be under the threshold for IHT, but I am assuming HMRC will need to be informed?
Thank you.
Comment by AdamH posted on
Riya - you always need probate where the sole surviving legal owner has passed away irrespective of the IHT threshold
Comment by Riya posted on
Thank you so much Adam.
Comment by Donna posted on
Hi, my father has recently passed away and my mother passed away two years ago. At the time of drawing their wills up it was my parents' intention to sever the joint tenancy on the property, so that upon either of their deaths the other would hold the equitable interest upon trust for myself. This provision was included in their wills. I'm not entirey convinced that the tenancy was severed to be honest and I don't think any trust document was drawn up after my mother's death. I have now been told I need to deal with probate re my mother and then probate re my father? Any guidance will be much appreciated thanks.
Comment by AdamH posted on
Donna - firstly I’m sorry to read of your losses. Severing the joint tenancy can happen in a variety of ways so a trust deed is not always needed and their wills may have achieved it anyway. But the crux of the issue is that such wills/severance relate to their beneficial ownerships alone and not the legal ownership of the property, which we register.
If they were joint legal owners then that legal ownership passed to your late a Father when your Mother died. As such you now need probate for your Father only to be able to deal with the property, say transfer it to the beneficiary or sell it.
You would only need probate for your late Mother if her estate, which doesn’t include the property, warranted it.
Comment by Donna posted on
Thank you so much for your reply, that’s very helpful. As I understand it they severed the tenancy so they held it as tenants in common with my mother’s beneficial interest passing to me via trust in the will. Whilst the legal title passed to my father, I’m not sure how I go about proving my beneficial entitlement or whether this will be done during my father’s probate. His liabilities (not all secured) would be in excess of 50% of the value of the property, so I need to determine whether his share is based on 100% or 50% of the property for the purposes of assessing the value of his estate. Maybe I need to get legal advice on that aspect? Thank you again.
Comment by AdamH posted on
Donna - presumably your entitlement is detailed in her will. It may be identified/revealed as part of the probate process but check with whoever is applying for the probate to confirm things anyway
If you are not the executor and are uncertain re the process of confirming and/or realising Your beneficial share then do get some wider advice
Comment by Donna posted on
Thank you so much again. Yes my entitlement is detailed in her will. They had “mirror wills” prepared at the same time. I’ll seek some advice on this aspect. Thanks.
Comment by Joe B posted on
My Mum died recently and was joint owner of a house with my grandfather. He still lives there but me and my brother will take on the portion of my Mum's part of the house as stated in her will, i was wondering if i can manage to do this myself rather than use a solicitor, it should be just a matter of changing the title on the deeds?
Thanks,
Joe
Comment by AdamH posted on
Joe B - whilst you don’t have to use a solicitor the registration update is just one thing to consider in my experience. It’s important that you, your Grandfather and your Brother all understand how ‘take on the portion’ impacts both legally and financially.
If it was registered to the two of them then your Grandfather would have to transfer the whole of the legal title to the three of you, if that’s what’s wanted and decided.
Our online guidance explains how the registration is applied for. https://help.landregistry.gov.uk/app/answers/detail/a_id/125
Your ‘portion’ is your late Mother’s beneficial share.
Comment by Joe B posted on
Great, thanks for that. Just add, I just read the deeds closer and it's a 'severed' deed so its seems like my mum's part is independent from my grandfather. Don't know if that changes things a little bit?
Comment by AdamH posted on
Joe B - it doesn’t change the legal ownership which we register. The term ‘severed’ goes hand in hand with the share/portion aspect you mentioned. They effectively ‘severed’ their joint ownership so one portion was left to you/your brother.
You can’t split or share the legal ownership, say the land plus bricks & mortar, as you can’t have half a kitchen, half a bathroom etc. So you always have to transfer the whole of the legal ownership
But you can split the beneficial ownership, say the value of the property in £s and pence. You can split money in a variety of ways. The key Q for you all is how do you all do that or achieve that in time bearing in mind Grandfather is presumably staying put?
That’s why it’s rarely as simple as transferring it from a sole to joint names again but it can be. All depends what’s best for all and what you want to achieve re your share(s). Hence my recommendation to get some legal and financial advice. If it transpires that transferring it as explained works best then you can do it yourself as per the linked guidance.
I’d rather you considered the pros and cons before doing it and not just transferring it as that’s what you assumed was the next/right thing to do
Comment by Ro J posted on
Hello
My brother, my sister, and I are executors of our late mum’s will. We have grant of probate.
My sister has inherited our mum’s house, which isn’t registered with the land registry. We consequently want to have the house registered in my sister’s name.
We have the necessary forms, and the house deeds and associated documents; we think the matter is straightforward enough that we need not engage a solicitor or conveyancer to transfer the property and to register it with the land registry.
Is it acceptable for my sister alone to apply to register and to transfer the house in her name? If so, that would seem conveniently to remove the need to verify my brother’s and my own identities – and possibly also that of my sister (who would be acting as executor transferor and transferee). Incidentally my sister has lived in that house, with our mum, for many years.
Would the registration be considered, and charged, as a voluntary registration?
Very many thanks for any help with this.
Comment by AdamH posted on
Ro J - I think you asked exactly the same Question on the MSE forum earlier and we replied there. Was that you and have you got the answer?
Comment by Ro J posted on
Hello and yes, sorry, it was me.
Thanks again, very much, for answering - and so quickly!
Comment by Jayne posted on
Hi, I bought an unregistered property and completed before the transfer deed was signed. Unfortunately the attorneys who acted for the seller lost part to the unregistered (the old type and not an LPA) enduring power of attorney (there is definitely no suspicion of fraud, they are her daughters and sold the property to fund mums care). Hence land registry said the EPA was incomplete and they could not register the property. We live in the property now since completion.Although the mum was mentally capable she became very ill physically and died so could not sign the TR1 which LR suggested. The daughters are executors of the will and have applied for probate. The will is old and probably left the property to them (even though it subsequently sold) Once probate is granted, can they sign the TR1 in these circumstances?
Comment by AdamH posted on
Jayne - you’ll need to rely on your legal advice here as to what can be done, legally, in such cases.
From a registration perspective if the application is withdrawn then it seems likely that the only way forward is to obtain probate and the named executor then transfers the property. But it’s your solicitor who needs to advise you here
Comment by Lee posted on
Hi, my nans second husband built his own house in the 1940's, married my nan in 1950's and died in the 1970's without a will. My nan properly applied for probate after his death with his entire estate passing to her. My nan passed away in 2018 and as the executor of her estate I've now been informed that as the property was never registered I cannot sell it without proving that it legally passed to my nan upon her husbands death. Apparently she should have registered the property in her name after he died. I have the deeds to the property which state both names but I've been informed that this is not enough. Land registry haven't been clear what they do actually need in order to progress. I do have a solicitor but they are struggling to establish how to fix this. To be clear I am not a beneficiary, I am only an executor.
Comment by AdamH posted on
Lee - if the deeds show that they were the joint legal owners, so there’s a Conveyance to them both, then there was no need to register when he died. I’m guessing though that wasn’t the case otherwise you wouldn’t have an issue.
If he was the sole owner and Nan inherited but didn’t transfer it to herself then you usually have to create a chain of representation and by the sound of it you have that. That chain is probate for second husband which names Nan as the executor. You then need probate for her so you complete the chain
Comment by Mike Cottrell posted on
Hello Adam (slight update in first para.)
My father-in-law is receiving end-of-life care in a nursing home, and we would like to put his property on the market. The property is registered, and he is the sole owner. May wife and I have LPA and are the executors. (Sorry, I should have said that before.)
We are worried about what happens if he passes away during the sale process. I have read online that, depending on how far things have gone, everything may have to stop until probate has been granted, and that we might be liable to pay compensation to the buyer for any consequential expenses. But the estate agent is telling us we only need to wait for the will to be read and the death certificate to be issued – “a couple of weeks“. We don’t want to be pressurised, nor do we want to delay starting the process any longer than necessary.
Any help you can provide would be greatly appreciated.
Many thanks
Comment by AdamH posted on
Mike - you need legal advice here as to what you’re committed to and at what stage. We aren’t involved in the conveyancing process itself but if he were to pass away before things had been signed and finalised then probate would be needed in order to complete the process
An LPA is very specific re what it allows you to do in certain circumstances. I don’t believe it enables you to for example act as an attorney in executing a transfer for example.
Comment by Mike Cottrell posted on
Many thanks, Adam.
Comment by Linda Cameron posted on
Hi Adam
Our father died leaving a business with associated property and a personal estate. His Business properties were purchased individually over a number of years, from individual owners to make up one large plot in the centre of our town. Our half brother, who we are in contention with about the Will, was left the majority shareholding in the business and Dads personal estate was to be divided equally between his 5 children (of which I am one). The personal estate was relatively surprisingly small (our contention) so we were forced to sell our business shares as we needed money at the time, with an overarge on the property which is due to expire in 2022, in the event of sale. The registered segments are in the name of his previous business but there are two segments which are unregistered. My question is how would we determine whether Dad owned the property in his personal name or the business name if it was not registered? Can we as beneficiaries register a claim? It also seems strange that the executors/trustees, a solicitor and accountant, did not sort this out? We are also in contention with the executors so do not want to just ask them.
Many thanks
Comment by AdamH posted on
Linda - if it’s unregistered then there won’t be a record of ownership and the proof would lie within the deeds/documents of ownership.
If you are a named executor you can search the index of proprietors names but this will only reveal interests registered against your late Father’s name or the Company. The search result would also confirm the registered titles of course
https://www.gov.uk/government/publications/searches-of-the-index-of-proprietors-names
I’d strongly recommend you seek legal advice here as well as firstly it reads as if you aren’t the executor and secondly establishing what beneficial rights you have over his estate needs explain8ng. We provide registered information but not legal advice or answers I’m afraid
Comment by TraceyN posted on
Hi Adam,
My Father died in 2016 and as they were joint tenants, my Mother became the sole owner. The property is unregistered and we did not notify the Land Registry at this stage. My Mother passed away in December 2019 and we are now going through the selling process. We obtained probate for my Mother but had no need to obtain probate to deal with my late Father’s estate as everything was joint and just transferred to my Mother.
I have now been told by our solicitor that I do need to apply for probate for my late Father. Is this correct?
Thanks for your help.
Comment by AdamH posted on
TraceyN - based on the shared details added from a registration perspective, No. if they were joint owners then the legal ownership passed to your Mother and on her death the property forms part of her estate. I’d check with the solicitor as there may be some other reason for the advice given.
Comment by BT posted on
Hi Adam,
There are 3 names on the will of the deceased and in her will everything has been left to the other 2 names (one of which is mine). I am dealing with the estate, but I am unsure as to whether I need probate. Can you help please?
Comment by AdamH posted on
BT - how many beneficiaries there are in a Will doesn’t affect whether pr8bate is required or not. If the property formed part of the deceased’s legal estate then probate will be needed.
So if the deceased was the sole legal owner then probate will be required in order to deal with, for example transfer the legal ownership of, the property
Comment by Bruce Talbot posted on
Sorry I should have said there are 3 names on the property deed of the deceased
Comment by AdamH posted on
Bruce - so if there are three registered owners and one has died then the legal ownership has passed to the surviving two. Probate is not required to deal with the property in such a scenario.
Comment by Nick posted on
I am hoping I can get an answer to a Land Registry question here.
Can I please check what length of backlog and time delay I should be expecting for processing of a TR1 form in the current COVID-19 year we are having. It's not linked to any purchase, but I would like the issue resolved and the TR1 form registered.
My solicitor is telling me to stop asking, and that there are delays out of his control. This is understandable, but it has now been 4 months.
Is your backlog more than 4 months long? Or am I being lied to (again)? Many thanks.
Comment by AdamH posted on
Nick - we had a backlog of some types of work before Covid impacted. Covid has caused delays across all types as well.
If it’s a TR1, so transferring the whole of a registered title and updating the register the timescale is around 3/4 weeks. If it’s been months then either it’s something different or it’s been lodged a few months after you completed or somethings not in order and needs to be resolved.
Suggest you ask them to confirm date of lodgement, title number and our case reference. That should help understand timescales better
Comment by Nick posted on
Thanks AdamH. The case number I believe was 005731, date was 27th July. Cheque from solicitor was cleared. Title number SL16691.
As you suggest, as I am still waiting on this on 1st December would suggest that someone, somewhere has done something wrong.
I would appreciate if if you could check. Many thanks.
Comment by AdamH posted on
Nick - many thanks. The applications were added to our systems in late July. We requested more details in early August but heard nothing until the solicitor queried progress in November. We re issued our August request on 17th and await their reply.
I’m guessing that Covid has impacted on them as well causing disruption to normal processes but hopefully they can confirm and help re next steps/timescales
Comment by Nick posted on
Many thanks for your time on this AdamH. I now have an angry solicitor who does not like that I can fact check his actions with the Land Registry like this. I have simply been told “COVID” is the reason for delay at the LR, which is simply not true. Can you please confirm how many letters have now been sent to them and the dates? As they are insisting they have not received any letters regarding this matter. 20 weeks and counting for us to resolve this.
Many thanks.
Comment by AdamH posted on
Nick - we wrote on 4th August and again on 17th November after they contacted us for a progress update. So whilst the original request was missed hopefully they now have the contact from the 17th and can action that
Comment by Nick posted on
Hi AdamH. The solicitor is still insisting that no letters have been received from the Land Registry on any date regarding Title number SL16691. Can you please double check again for me? This situation should have been sorted in July, and here comes 2021…
Many thanks.
Comment by AdamH posted on
Nick - it’s evident from the records that there’s something awry between our issuing our requests and their receiving/responding.
I’ll contact the caseworker to see if they can help bridge that gap
Comment by Tom posted on
If an Assent from personal representatives following the death of a sole proprietor vests the property into the name of multiple beneficiaries, but is silent on whether the ownership is as joint tenants or tenants in common, what is the default position? Is the property to be held as Tenants in Common?
Comment by AdamH posted on
Tom - if such an application we’re made, and no information/confirmation provided as to how they wish to hold the property, we would enter a form A restriction by default and advise the applicant.
We don’t register people as TIC and a form A restriction is not definitive re how the property is held
Comment by Tom posted on
Thank You.
If land were being unregistered land were being purchased and the root of title relied upon was an Assent (which didn't specify type of ownership) vesting ownership in 3 beneficiaries, one of whom has since passed away, would the 2 remaining beneficiaries be in a sufficient position to sell this land with absolute title?
Comment by AdamH posted on
Tom - I suspect so but you’d need to look at the unregistered deeds and any supporting evidence. If it were a registered title the Assent should have been registered and all three shown as legal owners. If one then died the surviving two would be able to transfer as joint surviving owners so how they held it would not matter. That would only matter if two had died and a sole surviving owner was selling.
Comment by Barbara posted on
My late mum-in-law's will appoints my husband and his brother as executors and leaves the bulk of the estate to them jointly. The will does not specify that her house (mortgage-free and her main asset) has to be sold and my brother-in-law, who has been caring for her at home for the past couple of years, wants to stay on in the house.
Can my husband and brother-in-law as executors assent to the transfer of the house to themselves as joint beneficiaries? If so, would they be joint tenants or tenants in common? Does a further legal step have to be taken to grant my brother-in-law the right to stay on in the house, while ensuring that if the house is sold half the proceeds revert to my husband?
Comment by AdamH posted on
Barbara - if your late mother in law was the sole legal owner then the property forms part of her estate. As such her executors, as named in probate, have the legal authority to deal with her estate and therefore the property. If they transfer it to the beneficiaries then we are not privy to her will and simply rely on the probate and transfer.
When completing the transfer to two or more people how they wish to hold it is up to them. They can do either and the form includes provision for showing that choice
Issues around a right to stay in the house an£ how the beneficial shares are divided say on a sale are not something we deal with. I would strongly recommend that you get legal advice to understand what’s best for each of you and what may happen in any given future scenario
Comment by Barbara posted on
Thank you, that's very helpful.
Comment by A Lange posted on
Is it possible to transfer property of a deceased person to a relative without probate or a letter of administration ?
We have a situation where a woman (my sister in law ) believed her marital home belonged to her and her husband (Y), presuming it was willed to him when Y,s father ( X ) died.They are now separated and divorcing.
She has now learnt that the home she was living is registered with the land registry to her stepson ( Z ) and was told it was "gifted" to him by his late grandfather, her and her husband being tenants in effect.
(I need to point out at this point that the woman is brain injured and struggles to understand some things )
The property was registered to Z in 2015 , seven years after X died.
No will or letter of administration has been forthcoming despite a request from a solicitor.(Y's sister has confirmed there was no will )
Under intestacy laws we believe that Y and his sister should have inherited the property but it appears to have bypassed Y and his sister and title gone straight to the grandson Z.
Y says there is no paper work because it was a "gift" from X to Z but how can title be transfered legally seven years after the death ?
If the transfer was legal which documents would need to have been completed for a dead man to give a property to his grandson seven years after his death bypassing all other living relatives ?
Comment by AdamH posted on
A Lange - when a sole registered owner dies the property forms part of their estate. Probate (recorded will) or letters of administration are then required for the executor or administrator to then deal with the property.
If you believe that something untoward has happened then I’d suggest you check if probate/letters of administration were issued. And contact us to enquire as to what documents are available to confirm how the change of legal ownership was registered. You can then apply by post for copies as required
https://help.landregistry.gov.uk/app/contactus_general
Comment by DavidM posted on
My father died in July 2019. He and my mother own their house outright as tenants in common (ie shared proprietorship). Under the terms of his will there is a Life Interest Trust (with Trustees) which 'holds' his share of the house and allows my mother to remain living there.
When she passes, the whole estate (including proceeds from sale of the house) will be distributed to children and grandchildren (ie direct descendants). One of my sisters and I have a Grant of Probate for my father's estate - which includes his share of the house.
My question is - what do we have to do to inform Land Registry about my father's death? Is it just the simple Form DJP (which would remove his name from the register but that would then not reflect the fact that the Trustees effectively share the proprietorship) or is it Form AP1 (which effectively transfers his share of the proprietorship to the Trustees)?
Or is there a need to inform Land Registry at all (as, in effect, the Grant of Probate gives us authority over his share and this would allow any sale transaction - whenever that happens - to be processed legally)?
Comment by AdamH posted on
DavidM - yes re form DJP and copy death certificate/probate. You don’t have to update the register as the death, sadly, is factual so can be updated/confirmed at any point when required.
I should stress that the will, shares, trust etc all relate to the beneficial ownerships. We register the legal ownership so when he died the whole legal ownership passed to your Mother as the surviving legal owner.
His share did not form part of his estate as such so probate would not be needed to deal with the property.
You and the family need to consider wider legal advice here as to what’s best re the property ownership bearing in mind what may happen in the future and who is involved. If you decide to change the legal ownership in some way then it would require a Transfer by Mother to whoever.
Comment by DavidM posted on
Thanks Adam for the prompt and helpful reply. I guess that the difference between beneficial and legal ownership is what maybe causes quite a lot of confusion! We are getting legal advice to ensure that the beneficial ownership aspects are the most appropriate. But in the meantime, your reply tells me that there is no pressing need to formally tell Land Registry of my father's death but that if we do choose to do this before the house is sold (for whatever reason) then Form DJP is the one to use.
Comment by AdamH posted on
DavidM - correct on both counts. Death, very sadly, is factual and provable by either a death certificate or probate as and when it needs to be proven.
I find the easiest way for me to describe the difference between legal and beneficial ownership is that the legal relates to the actual land, building, bricks and mortar. You can’t split them in two say as you can’t have half the bricks, half a kitchen and so on. So it is always dealt with as a whole.
The beneficial ownership is really the value of the property, the £s and pence. That can be split so a property worth £200K can be split any way you want in £s and pence.
Hope that helps - it has for others I believe
Comment by FE posted on
Can you please advise me, My husband is sole beneficiary to my late mother in laws house 7 estate.. She was sole owner, Myself + 1 other person are her executors. I acquired probate without the need to use a solicitor. Do I need to inform Land registry and/ or transfer ownership to my husband before he can sell the property? Many thanks
Comment by AdamH posted on
FE - in my experience no but it’s largely up to you and the buyer. Most buyers can and will accept probate as the evidence of the authority to deal with the property
Comment by CindyH posted on
How do I find out the information on a mortgage. My brother passed in London and he owns property. I'm the executor of his estate but I reside in the United States. We can not find any paper trail for who hes paying his mortgage through. Can I find this information through the registry? If not, can you possibly point me in the right direction? Thank you.
Comment by AdamH posted on
CindyH - if there’s a mortgage then the date and lender details would appear on the register
https://www.gov.uk/search-property-information-land-registry
Comment by DC Peach posted on
Hi Adam,
My mother died in 2018 and my father died this year April 2020, when my mum died she left her half of the house she owned outright with my father to my 2 sisters. So in 2018 the house was assented across so on LR my father owned half and sisters owned the other half between them 1/4 each. Now dad has died his half needs to be assented to my 2 sisters so they will own the house 1/2 each between them. The solicitors dealing with dad's estate have got grant if probate, etc and now are looking to assent the property, problem is they have really rinsed us on the estate dealings so I am looking if it is possible for me and my sister's to do between us as all 3 of us are the executors on dad's will. They've estimated nearly £600 to assent the property when as in their words it's a simple estate, property owned outright, all logged correctly etc with the Land registry when it seems all I need to do is fill in 2 online forms AP1 + AS1?
Please could you confirm what documents I would need to get from the solicitors we are using to do the work on dad's estate, from what I've read I believe it's dad's death certificate and probate certificate?
Any help much appreciated, D
Comment by AdamH posted on
DC Peach - if the property is registered in joint names then you can’t Assent it or a half share. You can only transfer the whole legal ownership/title and that would have been the case when your Mother died too.
If at the time the property was jointly owned then your Father must have transferred the whole title to himself and the sisters. Probate wasn’t needed to complete the property transfer.
The same applies now so if it’s registered in their 3 names you need only update the register using form DJP (See link in article) and a copy of his death certificate. Probate is not required to deal with the property but may be needed to deal with his wider estate.
We don’t register who has what share in the beneficial ownership so don’t need to be informed re a change to that detail.
Comment by Duncan Peach posted on
Hi Adam thank you for your response, I've since found out the title is still all in my deceased father's name, does this mean requirement to fill in the AS1 form only?
Many thanks DC
Comment by AdamH posted on
Duncan - if it’s solely registered in his name then you’d need AP1 and AS1 as the first is the application form and the second is the Transfer
Comment by DC Peach posted on
Hi Adam thanks again for your great feedback
Comment by Cherie posted on
My mum passed in June suddenly. She has a property as tenants in common. Her mutual Will and subsequent declaration of trust leaves her initial investment to her two children. The other tenant in common is executor and said he plans on selling the house and taking the proceeds. He has blocked my sister and I from contacting him and plans to just disappear without giving us what my mum wanted. When the deeds were registered only he was named on them as he was the one who had to get a mortgage and my mum bought her share in cash. When I realised I told my mum and it took her five years but she eventually went and got a declaration of trust stating that they are tenants in common and her stake in the property. This is now listed on the registration as a restriction and refers to the declaration of trust. The question I have is can we register our names against that restriction given that my mums share of the house falls to us in order to safeguard the money. My fear is that he will sell up and just go and spunk the money leaving us with nothing. Can we change the name by completing a form abs sending proof in the way of copy of Will, declaration of trust & death certificate plus ID forms? I just wonder if this will just help to safeguard it by us requesting that her share is placed on trust for us until he passes. It’s very confusing but my mum would hate to think that she worked her whole life to pass it all to him and his kids. She was with him ten years. Not married. No shared bank accounts. Not even shared bedrooms. He’s an Alcoholic and I know he would waste it. Help please. Thanks.
Comment by AdamH posted on
Cherie - I’m sorry to read of the difficulties your are facing. It’s legal advice you need here as to what rights you have and how to realise your share in the beneficial ownership.
The restriction will be key in how he, as the sole registered owner, can deal with matters. For example does it mean he needs someone’s consent for example or does it simply restrict his ability to act alone. If it’s the former you may have more options than if it’s the latter but it’s legal advice that will explain.
We don’t deal directly with wills/trusts and I’m not aware of how you could update the register in the way you suggest. Much will depend on the restriction’s wording as to what options you might have. Most restrictions indicate there is a trust but no more than that so nothing to update or change
You may find that you can’t prevent a sale and as such your focus should be on how to then get your legal share in the proceeds of sale. Again that’s something we can’t advise you on so one for a legal adviser familiar with trusts to assist with
Comment by kerrie Ewer posted on
can someone please advise me correctly. my mother passed away 2 years ago and my father never removed her from the deeds. my father died earlier this year. we do not plan to sell the property. Iwant to transfer it into mine and my husbands name. i am exectutor and an only child. what forms do i need to complete and what accompanying paperwork do i need to send off?
what fees are there?
Comment by AdamH posted on
Kerrie - please refer to our assisted guidance
https://help.landregistry.gov.uk/app/answers/detail/a_id/25
I’ve assumed you are the sole beneficiary. You will also need to submit an official or certified copy of your late Father’s death certificate
Comment by Terry posted on
My father passed away suddenly in April.Me and my siblings were told by his wife that no will was in place as they had never discussed it . She has since informed us that they had discussed things and had chosen an executor? We have also noticed that my fathers has been removed form the title deeds of their property. Can she remove his name from the deeds? Should we be asking for legal advice?
Comment by AdamH posted on
Terry - most definitely you should be asking for legal advice if you think something has been done illegally. However I would suggest checking a few things re the registered information and how his estate is being dealt with.
If the property was in their joint names then removing his name/updating the register is routine as the death, sadly, is a fact. As the article explains the register can be updated by submitting a form and the death certificate.
As far as his estate is concerned if the property was in their joint names it doesn’t form part of his estate. The legal ownership passes to the surviving joint owner but his beneficial ownership may not, depending on circumstances have passed to his widow. That will often depend on whether he made a will or not.
You can contact the probate service to see if there was a recorded will. You could also check if the property was registered in joint names previously and how it was updated. Do you have the title number?
Comment by Darrilyn posted on
Hi Adam, My mum passed away in August without a will. After the death of my father in 2013 she became sole owner of her home, although the register isn't updated. I have LOA (sole administrator) and my question relates to form AP1; I understand that as sole transferor and sole beneficiary I do not need to provide evidence of ID. Could you please confirm and advise me how to complete boxes 12-15. Thank you.
Comment by ianflowers posted on
Hi, I'm replying as Adam is unavailable. I am sorry to hear of your loss. No, provided you have the evidence of death for your late father and the LOA for your mum, no ID will be required also provided you're assenting / transferring the property to yourself and not to a third party. Panels/boxes 12-15 can be left blank.
Comment by Darrilyn posted on
Hi Ian, thanks for the quick confirmation and advice, very much appreciated.
Comment by Paul Strickland posted on
Hello.
Thank you for this very useful site.
I am the director of a residents company which owns the freehold of a block of houses. In Oct 2018, the son of one of the tenants lodged an application in his mother's name (soon after he had obtained a lasting power of attorney) to purchase the freehold. In Feb 2019 his mother died (and the LPA expired), probate was granted in Oct 2019 and in Nov 2019 title to the property was transferred to the son. I would like to know whether the son can be considered to be a 'qualifying tenant' since in my view he has not been a tenant for the necessary two years. Thanks for your time.
Comment by AdamH posted on
Paul - not something we can advise on I’m afraid. Suggest you try The Leasehold Advisory service or similar for guidance/assistance
Comment by Sam posted on
Change ownership back to join tenants after death.
My father and mother were wrongly advised to have their house held as Tenants in Common, my father died in April this year and my mother shortly after in August.
After their deaths, is it is possible for me to change the ownership back to Join Tenants?
We will end up with an inhertitance tax bill if this is not possible.
Comment by AdamH posted on
Sam - the register is not definitive re how they held the joint ownership. I am assuming the register refers to a form A restriction and them as joint owners. Whilst an application could be made to update the register re the legal ownership and cancel the restriction I don’t believe that will change anything or assist you re your inheritance tax concern.
I would recommend you seek wider advice on how inheritance tax is assessed and how other issues impact.
Comment by DM posted on
Hiya Adam,
Great blog!
A quick question, my father has left his property to myself and four other siblings.
The property is still in my late father's name (15 months after his passing). I have probate as next of kin/administrator/executor. Do I need to transfer his title deeds?
It is yet to be decided what is to be done with the property and changing the title deeds to one (or five of us) will impact on whether a first time mortgage can be obtained if anyone of us decided to keep the property and purchase each other share.
Comment by ianflowers posted on
DM - Hi, I'm replying as Adam is unavailable. I'll pass on your kind comment about the blog.
I am sorry to hear of your loss. From the registration perspective, there is no requirement to transfer the deeds until you are ready to draw up the Transfer or Assent deed. To keep the register up to date, you can apply to register the personal representative(s) (please see our Practice Guide 6 https://bit.ly/39XlNUN for more information) but there is no requirement to do so.
Comment by DM posted on
Thanks ianflowers for the reply.
After posting I did see a previous post and reply by Muhammad in 8.7.2020 which answered part of my question!
The property is occupied by a sibling which means we're not in a position to sell. Reading your reply and our situation, no need to do anything yet until everything is resolved....otherwise it may get messier if one of us siblings look to purchase the property.
I will look into to registering personal representative(s) as I imagine does not impact the title deeds.
I've shared and saved this blog and mini tool for future reference.
Take care,
Comment by DM posted on
Hiya ianflowers, just reading the guidance, which is the specific form to be completed to leave the title deeds as it is, however that I am the administrator / executor? Ie if there are any issues regarding the property I would be the person to contact. Many thanks, DM
Comment by ianflowers posted on
DM - we could only record your details as Executor if you made a postal application to us to change the register in the appropriate form. That form would be AP1 - https://www.gov.uk/government/publications/change-the-register-ap1 as mentioned in the Practice Guide, together with a copy of the probate. Another option would be to apply to us to simply note the death in the register. The AP1 can be used for this purpose enclosing a copy of the death certificate or probate. It's advisable to lodge a covering letter explaining that you only want the death noted and not registration of the personal representative(s).
If you just wanted to track any activity on the title, our free property alert service may be useful for this purpose: https://propertyalert.landregistry.gov.uk/ .
Comment by sue posted on
Hi
My mum passed and left her house to myself and my brother, My brother wants to give me the house in total. Can I register complete transfer in my name or do I need to register it first in both names.
Comment by AdamH posted on
Sue - you can register complete transfer in your name
Comment by SteveB posted on
Hi.
My mother passed away. I have obtained Probate and I am the executor, with the estate split 50/50 with my sister and I.
We are to decorate then sell her old house.
Do I need to Assent in advance, or could assent be done at point of sale of the property?
Thanks
Comment by AdamH posted on
SteveB - most probate sales are completed without transferring/assenting the property. The buyer relies on the probate
Comment by Albert posted on
Hi, I own some freehold land which acts as an extension of my garden. The additional garden is subject to a restriction on title which states that any disposition needs the the written consent of 3 named individuals (being the 3 people who used to own the land). I remember the restriction was added in the 1980s to protect an 'overage' obligation which has since expired, although there is nothing in the title linking the expired overage to the title restriction. Due to retirement I am looking to sell my house together with the additional garden land, but I have discovered that of the 3 beneficiaries of the restriction, 2 have passed away and the other is very elderly and in a care home for dementia. I had an initial discussion with a solicitor who explained this was an unusual situation and wondered if the Land Registry had a process to release a restriction where it is no longer possible to obtain the consent of the beneficiaries? The solicitor explained that the title should have made it clear the restriction would be released when the overage expired (2016), but unfortunately it doesn't, so I am left with land which I can't transfer without the consent of 3 people who can't give consent. I look forward to any help - I have reviewed your practice guides but couldn't see anything on this.
Comment by AdamH posted on
Albert - if you are looking to cancel the restriction then you’ll need form RX3 and evidence that the interest protected by the restriction is no longer valid, namely come to an end.
If you are trying to get the restrictioners to withdraw it then they’ll need form RX4 plus evidence as to how those withdrawing can do so. For the deceased two that could be their beneficiaries (probates will help) and for the surviving person their attorney if an LPA exists for example
From what you’ve stated I suspect the RX3 plus extra evidence re the link between the overage agreement and the restriction might be the better option if it’s now time expired
Comment by Albert posted on
Thanks Adam, I will look into that
Comment by Marco Tiengo posted on
Hi,
What should happen in terms of property transfer if a spouse dies and the surviving spouse wants to redirect the property to a child via a deed of variation?
Does the LR need to see the dov in addition to the probate document?
The surviving spouse is named on the grant of probate, does that mean that there is no necessity to confirm ID?
Thanks
Comment by AdamH posted on
Marco - we don’t deal with variations or redirections. We deal with the legal ownership so if there were two registered owners, married or otherwise, and one died the legal ownership passes to the surviving owner and probate isn’t required for dealing with the property. So if the property is being sold then the surviving owner transfers it but as the legal owner, not as an executor, and ID verification is needed
Comment by Marco Tiengo posted on
Hi I'm not sure I explained this properly.
My mother was the registered owner and her will leaves the flat to my dad but my dad wants to redirect the flat to be via deed of variation.
My question was can my dad fill in the forms to register the property in my name. He is the executor. Does he also need to get his id verified or is this not necessary as his name will be on the grant of probate.
Comment by ianflowers posted on
Sorry, we're still not sure of your intention regarding the reference to a redirection / deed of variation. If your late mother was sole owner, a transaction from your dad would be as a personal representative who assents or transfers the land. In those circumstances, ID for your dad would not be required, provided the probate document is provided. ID evidence would be required to be provided for you as the transferee in a transfer as you would be regarded as a third party in the transaction.
It's worth remembering that there is often more to consider in inheritance matters than just the registration aspect, so you may want to consider getting independent professional advice if you are unsure how to proceed.
Comment by Marco Tiengo posted on
Hi again,
Does the transferee still need to provide identify if he is named as co executor in the probate? The other executor is the father who is also the beneficiary under the will terms to be amended by DOV.
Comment by ianflowers posted on
Marco - until we see the documents for registration we could only give a general answer on that I'm afraid, which would be that we wouldn't require ID for the personal representative(s) assenting or transferring the land.
Comment by Christine Molloy posted on
Hi
My sister and I bought a property with my step father and mother as joint tenants, which back then we didn't know about joint tenants or tenants in common. My sister and I were very young then and didn't know much abought buying a house to help my disabled sister have a place to live if anything happened to our mother or step father.
We have now found out that our other sister,
who is not involved with buying the house, who lives in the house at present, looking after our disabled sister hid paperwork about a severance of tenancy by our step father. We had no clue to what had been changed without our knowledge. I opened the letter, from 2016 after the death of our step father addressed to me saying severance of tenancy B61. And to contact the solicitors that applied for it on his behalf. Our mother died by the way in 2007. So it is just my sister and i that originally helped buy the house left on the land registry.
With getting in contact with the solicitors on the paperwork, they have stated we would have signed paperwork agreeing to this but obviously my sister and I have no knowledge . As we have only just found this paperwork addressed to each of us to notify us.
The lady on the phone from the solicitors was very rude and would not except that we had no knowledge. She said she would have to dig out old paperwork to find out what had been done and even then she may not be able to give us the copies of the signed paperwork for severance.
Surley here, they would have to have checked that who ever signed the paperwork, where those people and not someone else fraudulently signing them ?
As land registry has this now applied by the said solicitors as of 2016 after our step fathers death from the letters my sister and I have found. Could you help on this matter ?
Regards
Comment by AdamH posted on
Christine - it’s really legal advice you need here not only to understand what severance means, not just how it affects the property, but also how being unaware impacts. For example severance can occur when one person wishes to sever and they then notify the other(s).
I would suggest you pursue the matter with the solicitor and use their complaints procedure if necessary.
You may also wish to apply for a copy of what was applied for/submitted with us although the solicitor may be able to provide that. If you need to check then please use our contact form and not the blog. https://help.landregistry.gov.uk/app/contactus_general
Comment by Christine Molloy posted on
Hi Adam
Thankyou for your quick response to my query.
I have read and have much more knowledge to understand what the severence means and change of tenancy, which has lead to others gain. I will take your advice and put in complaints to the solicitors if not forth coming with paperwork and address the situation with the link you have provided, which has been most helpful.
Thankyou so much
Regards
Christine
Comment by ANDY SHELDON posted on
Hi Adam
I am executor and sole beneficiary to my late Fathers estate, I have probate, there is no mortgage, do I just need to transfer the title of my fathers house with the land registry to me? AP1 form & Tr1 form? I'm confused, on the Tr1 form it states the transferor? But my father is the transferor and he is dead.
Cheers
Comment by AdamH posted on
Andy - reads like you’ve gone down the wrong guidance route. Try this one as it’s forms AP1 and AS1 you need as executor and beneficiary
https://help.landregistry.gov.uk/app/answers/detail/a_id/27
Comment by ANDY SHELDON posted on
Many, many thanks will have a look now.
Comment by Lisa Deller posted on
Hi, my mother in law passed away recently and we have been looking into the property. The land registry still shows my husband's grandparents names (joint). However his grandfather passed in 2003 and his grandmother passed in 2014 and left the estate to my mother in law. My mother in law just continued to live in the house (she lived with them since approx 1996). No names have been changed anywhere. So now we are beginning to look at the idea of applying for probate and selling the house, will we have an issue as the house is not in my mother in law's name? Or is there a way we can change the names from my husband's grandparents, to my husband's? Many thanks
Comment by AdamH posted on
Lisa - probate will be needed for his grandmother and once obtained the property can be sold by the executor. On their deaths the property formed part of her estate
Comment by Lisa Deller posted on
Thank you for your reply. So probate wouldn't be needed for his mother? Only his grandmother?
Comment by AdamH posted on
Lisa - correct if she simply inherited and lived there. The legal ownership has to be transferred.
So if they both owned it when grandfather died the legal ownership passed to grandmother and on her death formed part of her estate. So that’s where you go back to as the legal ownership has not changed based on what you have provided
Comment by Lisa Deller posted on
Thank you very much for the information. That's really helpful.
Comment by Maddy K posted on
Hi. My Dad left me his house when he died 8 years ago. I have dithered over what to do with it (was my childhood home so sentimental attachment) but finally realised i need to rent it out to get some income so have spent last 2 years having work done/redecoration. However the house was never registered (they were first people to move in when it was built in 1956.) Do I need to register myself as the owner? Is there any problem with renting it out if I don't? I have the will and the probate.
Comment by AdamH posted on
Maddy K - that all depends on how you rent it and how the tenant wants to deal with things.
If you decide you do need or want to register then our online guidance will help
https://help.landregistry.gov.uk/app/answers/detail/a_id/33
Comment by Maddy posted on
How i rent it???? It is through a lettings agent. Is that what you meant???? Also would I have to send off all the original documents/deeds or would copy of death certificate/will/probate be enough? Even if I could find the deeds ,(if they even exist) then with the post the way it is currently in the pandemic I would not want to risk it getting lost and I would want to keep the originals anyway.
Comment by AdamH posted on
Maddy - yes as there are many ways to rent so if you were letting it through an agent on a short let, say 6/12 months, then the agent/renter may be happy to proceed with the details you have.
However if you were looking to grant a lease then the likelihood is you’d need to register first
If you apply to register then we’d need the original deeds from you plus the probate and transfer/assent. We don’t deal with or need the will.
Comment by Maddy posted on
Thanks. It has to be minimum 12 months let these days apparently. It will only be rented not sold so not leasehold.
What happens if I don't have the original deeds? Is there another way of registering if they have been lost?
I have the grant of probate but I don't have anything as far as I know that is a transfer/assent whatever that is.
Comment by AdamH posted on
Maddy - understood so such a short let would not involve us. See our Practice Guide 2 re lost deeds and first registration https://www.gov.uk/government/publications/first-registration-of-title-where-deeds-have-been-lost-or-destroyed
Probate gives the named executor the legal authority to deal with the deceased’s estate. If you are the executor and beneficiary then to become the actual legal owner you’ll need to transfer/assent to yourself.
https://help.landregistry.gov.uk/app/answers/detail/a_id/33
If you are unsure of the legal position, processes and terminology then I’d strongly recommend you seek legal advice
Comment by Maddy posted on
Thanks again. Well if I do find them there is no way I am giving up the originals, certainly not trusting them to the post! I would want to keep them.
Comment by AdamH posted on
Maddy - understood but we don’t keep the originals. They are sent back once registered and you can then keep them.
No need to reply and I hope you find them and find a way forward re ownership and letting the property
Comment by Paul L posted on
My father died in Dec 2020 and I will be executor (with my sister's agreement) as we were both named as executors (and sole beneficiaries) in the will. His flat is worth <£100k. Can I sell it without transfering registered ownership once I have been granted probate?
Comment by AdamH posted on
Paul L - a buyer will usually be happy to rely on the probate where the deceased was the sole registered owner
Comment by Paul L posted on
Thanks for this prompt reply!
Comment by SteveB posted on
Hi Adam.
Thanks for previous advice.
I am in an 'email tennis' debate with my council about Council Tax on my late mothers house. They believe I own it as I named as a beneficiary in the will, and are saying I owe council tax on her property from the day she passed. I believe the property is still owned by my late mother, up until formal assent or selling of the property has taken place. Can you advise.
Thanks
Comment by AdamH posted on
SteveB - I’m afraid not. If you are looking to challenge the council then you’ll need to look at the legal position re council tax payments and responsibility. The alternative is legal a£vice
Gov.uk includes the following guidance but I suspect the council will have provided more details
https://www.gov.uk/council-tax/second-homes-and-empty-properties
Comment by Aimee O’Dare posted on
Hi Adam,
I wonder if you could advise please, my father recently died with no will, intestate. He had no partner/ wife and was the sole owner of his mortgage free property. The property is registered solely in his name. He has three children (I being one of) and I have been awarded with ‘letters of administration’. My simple question is, am I required to transfer the registration of the property into my name before we can sell?
Thank you for your time, great blog, especially for someone who finds these things very confusing!
Comment by AdamH posted on
Aimee - simple answer No. A buyer will usually rely on the Letters of Administration
Comment by Jan Kraus posted on
I purchased a house in minnesota in sept 2020. The owner had passed away in June 2018. Her mother was suppose to probate and sell me the home. She never did so. The mother passed away August of 2020. The home was being foreclosed for lack of pmt and I purchased it at sheriff auction. There is a 6 mo redemption period which is up on March 30th 2021. The deceased owners sister has secured a lawyer and filed to probate both her morhers and sisters estates. She wants to redeem her sisters foreclosed home so that she can resell at a profit. I would lose my retirement home. Can she do this, do I have any recourse. Does she have the legal right to do this or would it be only the legal mortgage holder that could redeem.
Comment by AdamH posted on
Jan - we deal with England and Wales, both parts of UK. You’ll need wider help re USA property
Comment by HP posted on
My mother-in-law passed away last summer. We have probate sorted for her and have a buyer for the house. However, whilst she and her late husband had mirror wills (the copy of my father-in-laws will is missing though), the ownership of the house is still in my father-in-laws name only, which was standard for their generation. We have been told we need to apply for retrospective probate, which we did over three months ago. Given that he died in 1995 the probate office do not know what to do with the application despite is being obvious there is no inheritance tax to pay, confirmed via email by HMRC. The probate office have still not issued probate as they do not know how to process retrospective probate for a death in 1995. We are caught between a rock and a hard case. Is there another way, such as retrospectively transferring the ownership of the house to my late mother-in-law? If so, how and how long does that take?
Comment by AdamH posted on
HP - you can’t transfer it retrospectively i’m afraid. The legal ownership remains as part of his estate until his executor/administrator deals with it. So you need the probate from the probate office.
Probate can be applied for at any time so I’ve not come across the need for it to be retrospective. You need it now so you’ll need to further pursue it with the Probate service especially if they are stating they don’t know how to do it.
Comment by HP posted on
Thanks for the reply. We have applied for probate for my father-in-law. They said they needed us to fill in a form for HMRC to declare no inheritance tax is due, which we have done and no tax is due. The IHT form had to be a paper version as the online form does not allow for deaths dating back to 1995. Thus, the probate office does not know how to process the paper form. They say they need HMRC to confirm no tax is due, which they have via email but the Probate office do not accept that form of confirmation. HMRC say they do not need to provide confirmation anyway. Probate is refusing to respond to a complaint and say that they can't do anything until HMRC write to them to confirm no tax is due. HMRC do not know where to send the formal confirmation and the Probate Office will not tell us. The Probate Office is incredibly unhelpful and are refusing to sort out what is clearly a flaw in their procedure. We need probate to sell the house. There is no reason why they should not grant it and we are at a loss as to what to do.
We are in touch with HMRC who are doing what they can but with the Probate office being uncooperative, progress is non existent. We have asked to speak to someone more senior in the Probate Office but that is not allowed. The complaints procedure does not work. We have now written to our MP to complain about their lack of service that we have paid for. Any advice on what to do? It looks like the property will remain vacant for ever at this rate as without probate we cannot sell it and probate won't do anything because they don't know how to process deaths from the 1990's.
Comment by AdamH posted on
HP - painful clearly and sorry to read that is your experience. I can’t really offer any advice as it would have been the complaint route. If you’ve exhausted the complaint option then they’d normally offer a ‘next step’ so use that. Or wait for MP to get a reply
Comment by Bill posted on
My wife just passed away and she is the sole owner of a house in the UK. Her sister is currently living in the house. My wife and I both lived in the USA at the time of her death. I still live in the USA. Is there anything i need to do wrt to the property (I am not the executor of the will nor have I seen the will since it was drafted before we were married and her sister is the executor. I don't even know if that house is in the will. Her sister and I don't see eye to eye so asking her for the will is not an option). I just want to make sure I will not be liable for anything related to that property later on (back taxes, injuries on the property, etc.). Thank you.
Comment by AdamH posted on
Bill - we can’t advise you on what you need to do and it’s legal advice you really need. We deal with the property so that means registering any change to that triggered by the executor.
I’d suggest you contact a UK solicitor or look for online forums, not blogs, that may help
Comment by Alison G posted on
Hi Adam, I’m hoping you can help. My mother recently died and left her property (registered in her sole name) jointly to my sister and I. My sister and I are joint executors and beneficiaries - we have obtained probate. My sister is going to buy me out of my share of the property and become the sole owner, and is applying for a mortgage to be able to do this. Her mortgage lender has said that the property needs to be registered in both my sister and my name before the mortgage can proceed. My question is - can this just be registered in her sole name even though we are joint beneficiaries? It seems silly to register in both our names and then have to apply to get my name removed? Thanks for any help you may be able to give. Alison G
Comment by AdamH posted on
Alison G - from a purely registration perspective you can do either. If the two of you assented/transferred it to just her and you had probate then we’d register it. We are not required to investigate how you arrived at that decision.
Before doing anything it may be worth querying it with the lender though to be sure that’s what they require and why. I say that solely because if for example you were selling to me and I was getting a mortgage then both myself and my lender would normally be relying on the probate plus registered details. We wouldn’t normally insist on you being registered first unless some doubt existed so may be worth confirming just to be sure
Comment by Alison G posted on
Thanks so much for the prompt response Adam.
Comment by Anne posted on
Hi Adam, my father recently passed away without leaving a Will so me and my siblings had to apply for letters of administration. He left a house with a mortgage. My question is do we need to sell the house or could we take over the mortgage on the house.
Comment by AdamH posted on
Anne - that’s a matter between you and the lender. If they say yes then you can transfer the title subject to the mortgage. The lender will want you to use a conveyancer to achieve it in my experience
Comment by Maddy posted on
Hi
Thanks for your previous comments to me. I now understand from your website that if I use a solicitor to do the first registration for me they can send you certified copies of all the deeds, etc so I will not have to trust the originals to the post!
Comment by Maddy posted on
Correction to above, Having looked again it seems this only applies to businesses. This seems grossly unfair. Why should businesses be able to lodge copies but not Joe Public? Covid is affecting all of us. My need for a simplified service due to the pandemic is just as valid as a business-especially as it affects my ability to become a landlord and therefore my income going forward. And why on earth will it take 9 months to do a first registration? Will I get some acknowledgement that the documents and application has been received so I can show that to the lettings agent to enable me to rent the property?
Comment by AdamH posted on
Maddy - the arrangement we have with our professional customers such as conveyancers is a long-standing one and not linked to Covid. We are looking at ways to assist private individuals but at present we do need the original deeds.
A first registration is unique to each property and it’s owner and whilst it can be simple in some ways in others it is not. The 9 months you refer to is the wait time between receipt and it being considered. That is based on the backlog we had and the impact of Covid on our offices, people and processes. The impact would have been the same for originals and copies alike.
If you lodge the application you would get an acknowledgment to confirm receipt and provisional title number/case reference.
Comment by David posted on
Hello, my father passed away 3 years ago and everything passed to my mother, my mother has recently passed away. Myself along with my sister are executors of the will and main beneficiaries and are now working through things. Reading the info on here I suspect land registry should have been informed when my father passed away to reflect that my mother was now the sole owner of their property, but I’m pretty sure this didn’t happen, so how do we address this now that she has passed away as well? Also are we, my sister and me required to register as owners before we sell the property? Thank you
Comment by AdamH posted on
David - if they were joint owners but now both are sadly deceased, then the legal ownership is part of your late Mother’s estate. As such if you have probate for her estate you should be able to sell without updating the register
Comment by David posted on
Adam, yes I’m in the process of applying for Probate. Thanks for your prompt reply, much appreciated.
Comment by Shand Marshall posted on
Myself and grandson shared a room in a house of my best friend for 5 years
We left to move into social housing as my grandson needed his own room
I collected our things from the house at my leisure
My friend died suddenly in Nov.and I have been told that I cannot enter the house...he died intestate
I have hundreds of things belonging to myself and grandson in the house and the thought of his estranged family (of 15 years)touching or even selling my property is unbearable
I have informed Environmental Health and the local police...but who do I really need to inform?
Comment by AdamH posted on
Shand - I’m not sure there is anyone else to inform as assume it’s a private matter between you and whoever has the legal authority to deal with his estate/property. That authority will be in the form of letters of administration from the Probate service if he died intestate and the property is in England or Wales.
In the interim I’d assume the police have advised on if and under what circumstances you might be able or not to enter the property. If not then I’d research wider on public forums rather than blogs to see if others have been in similar situations and found a solution they have or can share. I’m afraid we don’t deal with such matters
Comment by Gazz B posted on
Hi I was wondering if someone here can give me some advice, Late last year my mother passed away after a short battle with cancer. Her will left the house to me and my brother, we have started probate but a search on the deed has revealed my father is on there. We have been completely estranged from my father for nearly 20 years (they were separated for over 30) and he hasn't had anything to do with the house financially in all that time, my mum paid the mortgage off on her own, we have tried to track him down but to no avail, all I know is that he hasn't been registered as dead as far I can find, where do I go from here and is he really entitled to half the house even though he hasn't contributed to it financially?
Comment by AdamH posted on
Gazz B - we don’t deal with inheritance issues so I’d suggest getting wider advice re what he may or may not be entitled to. This is also a blog so others rarely comment so you may be looking for a forum where they do.
As far as the legal title is concerned if they were jointly registered then that legal ownership passes to him as the surviving owner. It doesn’t form part of your late mother’s estate so probate wouldn’t be needed for dealing with the property. As such you will need to trace him.
If you can’t and it can be legally assumed he has died then a court can intervene but as you’ll appreciate you will need to prove the presumption in order for that to happen.
Comment by Simon posted on
Hello,
I am the executor for my Father's Estate, his property is still in joint names with my mum, who died four years ago. The property became fully his, but he did not update the land registry title.
I have applied for probate for my him and will execute the will and sell the property.
As my mum's name is still on the registry of title, do I need to register a change of names on the deeds to sell the property (even though she died four years ago?
Or as he was the remaining owner do I just progress with probate as normal?
Comment by AdamH posted on
Simon - proceed with probate and when you then transfer the title submit an official or certified copy of her death certificate as well.
Comment by Ryan posted on
Hi my step dad has passed away and I know cannot deal with his estate so my mum has to do it (married) he did not leave a will I no I need to get letters of administration because there's no will but my step dads mum left a will for him (A very long time ago) the property the deeds are still on my step dads mums name and my step dad did not transfer the deeds name to himself what does that mean and how do I go about it?
Comment by AdamH posted on
Ryan - you have to start with who the property is registered to. If I have understood correctly that’s your step dad’s mum. So was probate/letters of A obtained for her?
If not then that’s what you need
If it was then you now need probate/letters of A for her executor
Comment by Ryan posted on
Hi thanks for your response my step dads mum passed away a long time ago the deeds for the property is still in her name.
And when you mean who’s the property registered to I checked on various GOV sites and HM LAND REGISTRY and they say the house is not registered I’m not sure maybe because they owed the property for a very long time.
So my mum has to find a way to get hold of my step dads mum probate/letters of administration is that right? How will my mum get hold of that and will she be allowed as she is not direct family only married to her son(step dad).
Comment by AdamH posted on
Ryan - same advice then if unregistered and it’s never been transferred since step dads mum does. So you need probate/letters of A for her
Comment by Kirsty posted on
Hi, my mum passed away in 2017 and her and my step dad were tenants in common. Me and my 2 sisters now have letters of administration for my mums half.
Can my step dad sell the house without our agreement ?
If we do agree and all want to sell do we need to use a separate solicitor to my step dad?
I am worried my step dad is trying to cut us out of our share of the house somehow?
Comment by AdamH posted on
Kirsty - it’s important to understand that the legal ownership, which we register, passed to the surviving joint owner when your Mum sadly passed away. The TIC aspect relates to their beneficial ownerships. In very simple terms that means how they split their share in the value of the property.
So the property did not form part of her estate so Letters of A won’t have been needed for the property itself.
As far as his selling the house is concerned the answer is probably, yes. If the TIC resulted in a form A restriction being registered then he can’t sell on his own but would need to appoint a co trustee to act with him. If there’s no form A then he can sell on his own.
However as the TIC/split existed you have a claim in your Mum’s beneficial share so in essence the % share of the proceeds of sale
So if it’s sold then you may not need to be involved in the transfer itself but if you are then I’m not aware of any barriers to you using the same solicitor.
But you really need legal advice/reassurance here as your Qs really relate to what happens before we then get an application to register any sale/purchase
Comment by Kirsty posted on
Thank you Adam, so in theory step dad owns the house however me and my sister should get a % of the proceeds from the sale ie 50% of mums ?
Mum didn’t do a Will, I guess the tenants in common would be stated on the Deeds of the house ? That’s where they found it ?
Was it a waste of time us getting the letter of A?
Thank you so much
Comment by AdamH posted on
Kirsty - correct in that he is the one who would transfer it for example. Ownership is though both legal (registered title) and beneficial as explained.
Letters of A were not needed to deal with the property as it wasn’t part of her estate. You may have needed Letters of A to deal with other matters though and it may assist if there’s a dispute over who deals with her beneficial share.
Next step is to confirm her beneficial share exists and then how it is either protected or realised.
TIC may be stated in the deeds but much will depend on when that arrangement was made. If when they bought then in the deed. If later then perhaps in other papers https://www.gov.uk/joint-property-ownership
Comment by Ryan posted on
How will my mum go about getting that?
And will she be able to as she is not directly family?
Comment by AdamH posted on
Ryan - through the probate service https://www.gov.uk/applying-for-probate
Comment by Kirsty posted on
Thank you for your speedy response Adam, really appreciated.
The solicitor used when mum purchased the house is not around. Therefor the notes aren’t on there of who it actually goes to. The letter of A I thought meant that when the house sells we take responsibility for her half? Is there a way my step dad could have removed that? Mum didn’t have anything other interested with any savings etc purely just the house
Sorry if you’ve already answered that Q thanks k
Comment by AdamH posted on
Kirsty - probate/letters of A are in my experience obtained to enable you to deal with their estate. Whilst I can understand the ‘taking responsibility for her half’ point if there’s no argument/dispute then step dad can still just give you the share whether you have letters of A or not.
You need to establish what the registered title/deeds tell you and what, if anything, exists re the split you mentioned at the very start. You seem to be doubting that a split happened or is still in place. If so then that should be your focus as if you are in dispute you need proof re her legal/beneficial ownership and how that was arranged both when she died and now if you think something's changed.
I’d suggest you gather whatever information you can and then get legal advice
Comment by Kirsty posted on
Thank you, will do, when mum passed we were told by our wrap dads advisor that we need to get this letter of A. Argh!
I have a funny feeling with it being a bit sour , that my step dad will not want to give us anything.
Thank you so much for this
Comment by AdamH posted on
Kirsty - they may have had reasons for such advice above and beyond just the property ownership.
The sour and giving aspects can happen but essentially would not involve what we register. The legal ownership is always dealt with as a whole so such family issues don’t really apply to it and we just see the outcome eg a transfer on sale or one that transfers from step dad to himself plus say 2 children.
The key for you appears to be what Mum’s beneficial share was/is and who is entitled to it. That’s something a solicitor familiar with such matters should advise you on. What we cover is far more clear cut
Comment by Charlotte posted on
Hello
If a person whom is registered as proprietorship register passes away does this have to be changed on the Land Registry. Or if it is not changed does this mean it hasn't gone to probate/there is no will?
Comment by AdamH posted on
Charlotte - there is no legal requirement to update the register on a death as it’s a factual event. It can be left until you need to show why the registered owner isn’t selling/mortgaging it’s for example as that’s when you have to prove the fact.
There’s no link between the registered title and probate so no update does not equate to no probate or no will
Comment by Paul posted on
Hello, I wondered if you could assist please.
My father owned my childhood home for nearly 60 years and the property has never been registered. On his death, 4years ago, it passed to my mum in his will and subsequent probate. Unfortunately my mum has now passed on leaving no will but as the only child I’ve been granted letters of administration. I intend to move into the home and I believe I will now need to apply for assent and register the property. Could you please confirm the forms required...and can both processes be applied for at the same time?
Many thanks
Paul
Comment by AdamH posted on
Paul - the assent will trigger the need to register so it would be one application. You’ll need to show the chain of representation so we would need both probate and letters of administration
Our guided assistance covers the first registration requirements
https://help.landregistry.gov.uk/app/answers/detail/a_id/33
Comment by Paul Newton posted on
Hi Adam.... thanks so much for the quick reply, much appreciated.
Paul
Comment by Nick Holding posted on
Hi. Some advice required if possible. My father died last year leaving his half of the house in trust to myself and my Brother (We are trustees & executors). The property was held as Tenants in Common with my Mother who is still alive and remains in the property and has a continuing right to do so within the will. Can we simply use a TR1 form to add Myself and my Brother's name along with my mother? The intention moving forward is to sell the property and purchase something smaller and more appropriate for Mum which obviously can't be done whilst Dad is still listed as part owner. Thanks.
Comment by AdamH posted on
Nick - yes. Please use our assisted guidance to understand how 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_
Comment by Nick Holding posted on
AdamH. Thanks for pointing me in the right direction. Can you comment on whether Land Registry will require probate for this? Legal advice suggests not but the general guidelines seem a bit ambiguous. Thanks again. Nick.
Comment by AdamH posted on
Nick - if Mum is a joint owner and still alive then no
Comment by Nick Holding posted on
Thanks again AdamH. Huge help at a stressful time. Nick
Comment by Ken Collyer posted on
My wife and I are Tenants in Common of our house and following her recent death, I need to transfer her half to my two sons in accordance with her will. Please can you tell me which Land Registry forms I need to fill in.
Comment by AdamH posted on
Ken - please see our assisted guidance 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_
Comment by AdamH posted on
We welcome your comments about this blog in the comments panel below
Our assisted guidance and/or the links in the article assist will help
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_
Please note that we are unable to discuss individual cases through the comments section and would request that all such queries be directed to our contact web form where you will receive a response as soon as possible.
https://help.landregistry.gov.uk/app/contactus_general
Comments which are relevant to individual cases will not be published or replied to
Comment by Nicholette stott posted on
My partner is sole beneficiary of his mums estate, he has probate, her home was already up for sale before her death, what forms does he need to fill out and does he need to just send a copy of probate or is there other forms needed
Comment by AdamH posted on
Nicholette- please refer to our assisted guidance 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_
Comment by LisaW posted on
Hi Adam, could you confirm approximately how long it is currently taking your colleagues to complete an AS1 registration? Thank you!
Comment by AdamH posted on
LisaW - wait times for a register update are around 5/6 weeks currently
Comment by Mark Dunne posted on
Hello.
My mother recently passed away, My father died more than 10 years ago, but mum did not inform the Land Registry Office about his death and they both still appear as the Registered Owners of the property (checked by purchasing the titles today). What is the next step for me to transfer ownership to myself? Thank you.
Mark
Comment by AdamH posted on
Mark - I am sorry to read of your loss. Please see our assisted guidance on how to transfer the ownership. https://help.landregistry.gov.uk/app/answers/detail/a_id/27
You will also need to submit an official/certified copy of your Father’s dearth certificate
Comment by Paul posted on
My Father recently died. Four of us, including my Father owned a rental property as tenants in common. Under the terms of my Father's Will, his share passes to the other owners (my Sister-in-Law, my Mother and I). My Brother and I have probate. My Mother is 98 years old and suffers from dementia. My brother and I hold a registered EPA allowing us to manage her affairs. I am clear that a form TR1 will need to be completed. It appears that you will require ID from all the parties, Will my brother and I be able to act on behalf of my mother?
Comment by AdamH posted on
Paul - if you have the required power to act on her behalf re the property then I would expect you to be able to
Comment by Mark Dunne posted on
Thank you Adam. Your help is very much appreciated on this forum. Regards, Mark
Comment by Trish F posted on
My father has recently passed and left a will, bequeathing all his estate to his 5 children.
Our mother passed 5 years prior.
Do we each own a 5th of his property?
Comment by AdamH posted on
Trish F - we can’t advise you on who owns what share and I’d suggest seeking legal/wider advice. We deal with the legal ownership which can’t be split and is always dealt with as a whole
Comment by Nick T posted on
Hi Adam,
I am executor for my late father's estate and I have probate granted in my name. My mother is named in his will as the sole beneficiary of his solely owned property. I have completed forms AP1 and AS1 but I have a question regarding ID requirements.
I don't think I need to complete form ID1 as I am the personal representative but I think my mother needs to complete ID1 as the beneficiary of the property. Is this correct?
I want to check this as it may be difficult for my mother to meet the ID requirements in which it may be easier for a solicitor to complete the assent?
Many thanks.
Comment by AdamH posted on
Nick T - that is correct. You may be right re using a conveyancer but hav3 a look at the temporary guidance as well re verification which may be achievable for her?
https://www.gov.uk/guidance/coronavirus-covid-19-impact-on-hm-land-registrys-services#identity-verification
Comment by Nick T posted on
Many thanks for your prompt response Adam,
Comment by RichB posted on
My mother passed away last year. I am one of three sons, all of whom are executors and trustees of the will. Note that there is no 'trust' as such, this is simply the wording used in the will. We have dealt with the tax and probate and now have to deal with the house of which she was/is the sole registered owner. The will states for the house 'I give all my interest in the residence...unto my trustees' with the proviso that one of the sons can live in the house until such time as he no longer needs it. Is there any obligation or need to change the registration for the house and if so to whom? Should we leave it as it is, or change it to for example 'Trustees for the estate of <our mother>', or to our three names? Many thanks for your guidance.
Comment by AdamH posted on
RichB - that is a choice only you all can make. The legal ownership is now part of her estate. It will remain as such until the estate is dealt with. So no obligation but you should decide if there is a need amongst yourselves. I’d recommend that you all get specific legal and financial advice as to how best to deal with the property and the legal ownership
Comment by David Lowe posted on
Hello.
My mother died in November 2020. My father is still alive and they owned their house as tenants in common. I am an only child and my mothers will lists me as the beneficiary of her share of the property. I now have probate and am about to execute the will, fortunately, this is quite straight forward. I'm a little confused about informing Land Registry. Presumably I will need to inform LR to get my mothers name removed from the register, but I can only find a form (DJP) This doesn't seem to take a account of tenants in common? Do I also now need to add my name to the Land Registry as now own 50% of the property? Any help as to what I need to do would be appreciated.
Comment by AdamH posted on
David - form DJP is the correct form to use to update the register re the death. However if the property is to be transferred into a new joint ownership then your Father will need to transfer it to the two of you. I suggest you both get legal/financial advice as to what options are available and which is the best one to choose.
Please note that the legal ownership is always dealt with as a whole. You can’t split it. So the property didn’t form part of her estate so probate is not required for dealing with the property.
Comment by NJ posted on
Adam,
My father died last November and, as executor, I have obtained probate in my name. In my father's will he specified to give his estate to my mother absolutely. My parent's house is registered solely in my father's name and my mother wishes to sell this property. Do I need to get the property re-registered into my mother's name before I can sell it (with the delay this will cause) or can I sell the property without re-registering it and then pass the proceeds to my mother.
Thanks in advance for your help.
Comment by AdamH posted on
NJ - not in my experience as the buyer will normally rely on the registered details and the probate to confirm his death and your legal authority to sell
Comment by NJ posted on
Thanks Adam
Comment by Paul posted on
My grandfather and uncle had joint ownership of a property ‘ my grandfather passed away in 2014 ‘ which I understand made my uncle sole owner of the property , now my uncle has passed away an has left no will ‘ as nearest relative I now need to sell the property but having come across the deeds I notice that both names are on them , do I need to apply for grant of letters for both names or just my uncles ?
Comment by AdamH posted on
Paul - you’ll need letters of administration for your uncle as he had no recorded will and the death certificate for your grandfather
Comment by Paul posted on
Sounds logical ,
Thanks AdamH
Comment by Richard Baldock posted on
Hi, so glad I have found this!! My mother remarried 40 years ago and owned a property jointly with her husband. My step father has recently died, and his will states his half of the property is to be kept in trust for his 2 children from his first marriage, myself as his step-son and a child they had jointly. I believe only 3 names can be held on the Land Register so my mother remains, plus myself and his eldest daughter will be named as trustees with a copy of the will showing who the other 2 trustees are. I believe I need to complete an AP1 and will send a copy of the will and death certificate. Does this sound about right? Many thanks in advance.
Comment by AdamH posted on
Richard - I’m afraid not and before doing anything I would recommend you seek legal/financial advice to understand what’s what, the options available and what’s best to do.
A few comments to help though would be, you can have as many transferees as you want but we will only register a maximum if 4; we don’t deal with the will so don’t require it; AP1 is the application form but if the legal ownership is to be transferred you also need form TR1 which allows MIL to transfer the whole title to whoever.
The key words for me at least are the ones which state ‘kept in trust’ - that may mean you don’t have to do anything re the registered ownership other than update the register with form DJP and death certificate. But that’s why you should seek the wider advice I mention even if just so everyone understands what can and may happen re the trust and their interests going forward, whether the legal ownership is transferred or not. Hope that helps
Comment by Richard Baldock posted on
Thank you very much. Both my mother and step-father had a "mirrored" will and it states that my mum can't sell without us all agreeing, we can't sell without my mother agreeing and if she did move to a smaller property then any profit made remains in trust. I have spoken with a solicitor who agreed that we need to do the form(s) but I was trying to do it to avoid solicitor's costs. Maybe not the wisest thing to do in hindsight!! Thank you all the same.
Comment by AdamH posted on
Richard - the form filling can be straightforward so no reason you cannot do it but understanding what impact your choices have is key. As a registration authority we have no part to play in how and why you make such decisions, we register what’s applied for if the forms are completed correctly for example.
If the legal advice was for the surviving owner to transfer it to herself and others then you should be able to do it. https://www.gov.uk/registering-land-or-property-with-land-registry/transfer-ownership-of-your-property
Comment by Richard Baldock posted on
Understood. Thank you very much.
Comment by J Harris posted on
Hi How long is it taking to process a TR1, ID3 and AP1 at the present time please?
Comment by AdamH posted on
J Harris - wait times on average are around the 5/6 week mark
Comment by JHarris posted on
Thanks for speedy reply