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  • FIRST POST
    • chrislait
    • By chrislait 22nd Sep 16, 9:55 AM
    • 2Posts
    • 0Thanks
    chrislait
    Transfer of house deeds after parents passed away.
    • #1
    • 22nd Sep 16, 9:55 AM
    Transfer of house deeds after parents passed away. 22nd Sep 16 at 9:55 AM
    Hi

    Unfortunately my mum passed away recently. She was sole owner of her house after her husband (my dad) passed away and she proceeded via probate.

    My mum has a will that leaves the house to me, there is no mortgage. I have no intention of selling the house. Is there a simple way to transfer the house to myself?

    Thanks in advance.
Page 1
    • G_M
    • By G_M 22nd Sep 16, 10:24 AM
    • 35,977 Posts
    • 39,331 Thanks
    G_M
    • #2
    • 22nd Sep 16, 10:24 AM
    • #2
    • 22nd Sep 16, 10:24 AM
    Yes.

    1) Pay any Inheritance Tax due submiting the relevant forms to HMRC

    2) Apply for probate and await HMRC confirmation that IHT is paid or not due.

    3) Obtain Grant of Probate

    4) Submit forms to Land Registry:

    * AP1
    * TR1
    * ID1
    * Death certificate
    * Grant of Probate

    See:
    https://www.gov.uk/government/publications/registered-titles-whole-transfer-tr1

    (I'm assuming you are Executer of the will. If not the Executer will have to do all the above).
    Last edited by G_M; 22-09-2016 at 10:29 AM.
  • Land Registry representative
    • #3
    • 22nd Sep 16, 11:19 AM
    • #3
    • 22nd Sep 16, 11:19 AM
    G_M - this reads like a straight transfer by the executor to the beneficiary so would it not be an AS1 (Assent) scenario?

    If so then once you have probate and you are the named executor (personal representative) then you would Assent the title to yourself as the beneficiary. So it would be forms AS1 and AP1 along with an official copy of the probate

    You would only need ID1 form(s) if anyone other than the executor named in the probate is involved - I don't think there is here.

    We don't need the death certificate as the probate confirms the death.
    ďOfficial Company Representative
    I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
    • G_M
    • By G_M 22nd Sep 16, 11:38 AM
    • 35,977 Posts
    • 39,331 Thanks
    G_M
    • #4
    • 22nd Sep 16, 11:38 AM
    • #4
    • 22nd Sep 16, 11:38 AM
    G_M - this reads like a straight transfer by the executor to the beneficiary so would it not be an AS1 (Assent) scenario?

    .
    Originally posted by Land Registry representative
    Love it!

    You're asking me?

    Maybe I should apply for a job.

    But yes - I think you are right.
    • chrislait
    • By chrislait 22nd Sep 16, 6:13 PM
    • 2 Posts
    • 0 Thanks
    chrislait
    • #5
    • 22nd Sep 16, 6:13 PM
    • #5
    • 22nd Sep 16, 6:13 PM
    Thank you both for your reply and helpfulness.

    Just so I can be clear with myself in what I need to do I'd just like to explain a couple of other things as I'm not sure about this probate thing.

    My wife and I are executors of the will in which the estate is left to us from mum. Mum got the house in her own name after her husband passed and did this via probate, so the IHT threshold is mum and dad's together, the house is worth approx £320k so is under the IHT.

    Can I just go for the AS1 and AP1 forms or do I need to goto probate also?

    Thank you once again.
    • davidmcn
    • By davidmcn 22nd Sep 16, 6:18 PM
    • 3,439 Posts
    • 2,976 Thanks
    davidmcn
    • #6
    • 22nd Sep 16, 6:18 PM
    • #6
    • 22nd Sep 16, 6:18 PM
    Can I just go for the AS1 and AP1 forms or do I need to goto probate also?
    Originally posted by chrislait
    You need probate irrespective of whether any IHT is payable.
    • G_M
    • By G_M 22nd Sep 16, 6:30 PM
    • 35,977 Posts
    • 39,331 Thanks
    G_M
    • #7
    • 22nd Sep 16, 6:30 PM
    • #7
    • 22nd Sep 16, 6:30 PM
    Without Probate, and since the property is registered in your mother's names, how are you going to prove you have the right to sell or transfer it?

    Note that for Inheritance Tax, the property is just part of the Estate value. If your mother's yacht in the Med is worth another £300K, and the investment Funds are another £300K, IHT may be due.
  • Land Registry representative
    • #8
    • 28th Sep 16, 9:15 AM
    • #8
    • 28th Sep 16, 9:15 AM
    Love it!

    You're asking me?

    Maybe I should apply for a job.

    But yes - I think you are right.
    Originally posted by G_M
    I was posing it as a Q out of politeness really in case you had spotted something specific that took you down the route you suggested

    Answering such Qs would not be part of any job interview though but would be part of your on the job training if successful!

    PS - not allowed to use emojis so no smiley face or thumbs up - sorry
    ďOfficial Company Representative
    I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
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