Whats involved in Probate Property transfer

dowspx

Hi ,

After completing self probate for general assets after My Father recently passed away ( He made no Will but in a letter had indicated all be split equal).. this was to share all assets between his wife and two sons (one being me)

I now have to do the property transfer...
I was quoted £400 by a solicitor to do this (and £400 for Deeds of family arrangement this I Think that I will have to have a solicitor deal with)
From some research I found that I have to fill in 3 or 4 forms to the land registry....to transfer the property in our names etc.

I am informed to fill in form TR1, AP1, AS1... and maybe an ID1 form.
Most of these forms dont seem too long or complex and I think / Hope that I could fill these in ok with a bit of guidence.

I found a good eg of how to fill in a TR1 form on another post on this forum.

Could anyone confirm if this is all I need to do or if I am overlooking anything.

Thank you..

bryanb

How was the house owned previously? Did your mum own 1/2? Was house included in probate?

Richard_Webster

Don't think you need TR1 unless somebody is buying someone else out. AS1 does the transfer, AP1 registers it at he Land Registry and ID1 deals with identity.

Telephone Land Registry enquires for help in filling in forms.

SeniorSam

dowspx wrote: »

Hi ,

After completing self probate for general assets after My Father recently passed away ( He made no Will but in a letter had indicated all be split equal).. this was to share all assets between his wife and two sons (one being me)

I now have to do the property transfer...
I was quoted £400 by a solicitor to do this (and £400 for Deeds of family arrangement this I Think that I will have to have a solicitor deal with)
From some research I found that I have to fill in 3 or 4 forms to the land registry....to transfer the property in our names etc.

I am informed to fill in form TR1, AP1, AS1... and maybe an ID1 form.
Most of these forms dont seem too long or complex and I think / Hope that I could fill these in ok with a bit of guidence.

I found a good eg of how to fill in a TR1 form on another post on this forum.

Could anyone confirm if this is all I need to do or if I am overlooking anything.

Thank you..

If you put a call in to your local land registry office, they will explain and let you have information and documentation. It is not a big problem.

Sam

dowspx

Thank you all for your replies... Very much appreciated.

I assume that there is not something important that I may had overlooked.

One thing that I did wonder about, is IF I filled in the forms and I did make a mistake, can I rectify things later... or if need be pay a solicitor to rectify any mistakes...

I wonder for eg if Its in my interest to give it a go.. in filling in the forms myself.... and if a mistake gets made THEN pay a solicitor to do it for me if I dont know what I am doing.... Is it likely that it could cost me in a big way IF I chance doing it myself and made a mistake on the forms...
Would the Land Registry or anyone be able to inform me if anything was wrong.... I am not sure if they give any feedback once the forms are submitted.... Would anyone Know if this is so and what can be done about it if a mistake is made?



Thanks for confirming to me about the Forms Richard( seems I wont need TR1 as no one is buying anyone out) ...

Sam, I did call the Land registry today and they said they will send me an information pack / and relevant forms... I am just not sure what they can advise me later when I come to fill them in...


Bryanb...
I did the probate for the Full estate which if I recall would have included the property as well as all assets ie / Bank account money etc. As Far as I know the house should automatically become my Mothers especally upon completion of the probate, but I am not totally sure , if it also would require the house to be transferred via the Land registry before it would be final.

BUT in this case, she has agreed to having it all split 3 ways, I will need to transfer it between all three of us.

As far as I am aware, Since my Dad passed away the property has remained in his name..

bryanb wrote: »

How was the house owned previously? Did your mum own 1/2? Was house included in probate?

Richard_Webster

BUT in this case, she has agreed to having it all split 3 ways, I will need to transfer it between all three of us.

What you will have to be careful about is making sure that you get the joint ownership provisions right - about the X in the right box in section 10 of the AS1.

Are you going to be joint tenants (so that if one of you dies the two remaining get his or her share regardless of what may be in his will) or as tenants in common (which means separate shares that can be left by will)?

If it is not an equal division between the three of you, it gets more complicated.

dowspx

Hi Richard,

thank you for your comments.

We had agreed to initially split every thing equally ( into 3) when we make the transfer from my Fathers name into all 3 of us...

Then IF one of us dies, the other two get equal parts of the deceased part.... so therefore it will be left and split equally into the two remaining persons..

Initially we were not considering selling the property if one of us should die, there fore the property will be split between the remaining two..

we were not initially planning of selling the property should one of us die and splitting the money equally.... we / they may decide to sell it however at a later date...

---

Richard_Webster wrote: »

What you will have to be careful about is making sure that you get the joint ownership provisions right - about the X in the right box in section 10 of the AS1.

Are you going to be joint tenants (so that if one of you dies the two remaining get his or her share regardless of what may be in his will) or as tenants in common (which means separate shares that can be left by will)?

If it is not an equal division between the three of you, it gets more complicated.

dowspx

The other remaining thing that we need to do is sorting out the "Deeds of family arrangement"....

I am not fully sure what is involved in this , but when we decussed it with a legal person... one of the main concerns we had was as my Mother is in her 80s and she lives in a home away from the family property in a home ( but she can look after herself at the moment, she doesnt need care..) .. although at the same time she has every right to come back and live at the family property.
Its just that when she got older .... and obtained bad eyesight she choose to live seperately in a residence where there is someone who can help her if she needs it.

At the moment apart from bad eyesight she is in reasonable health and she doesnt have to pay a lot of rent where she is living as she gets a disability allowance..

IF however her health was to get worse and she needed permanent care..
in many cases if she owned a property, she would have to sell it to pay for her care....

We were told as a family that a solicitor can do a deed of family arrangement to help us avoid having to sell the property etc if such a case should occurr.

Would I be right in saying that we would definately need a solicitor to do this ?

I would assume so as there seems possibly many things to consider that makes this a complex issue.

Richard_Webster

You would need a solicitor.

The point seems to be that as your father did not make a will the intestacy rule s would apply. Where there is a widow and sons, the situation can get a bit complicated but in most cases the widow gets it all under the law. If therefore she "gives away" two thirds of the house to the two sons and then goes into a care home Social Services may feel that she did that to avoid the house having to be sold and money being taken from the sons shares.

It is however possible by deed to retrospectively vary the effect of an intestacy if all those concerned agree and that then is treated as the disposition of the estate and by the father and not a gift after death by the mother.

Although it may not be relevant here, people usually do these deeds to avoid the 7 year survivorship rule for inheritance tax. In other words, if the mother gave away 2/3rd of the house and didn't survive for 7 years then the gift would be added back to her estate to calculate the amount of IHT payable (if any). However if it is deemed by a deed to be a disposition on the father's death then the mother never had the 2/3rds in the first place! This aspect of it may not be relevant for you depending on what assets the mother has.

dowspx

Hi Richard

Thank you for clarifying those details..yes the deeds of variation do seem a bit complex...

I did contact the Land registry and they offered to send me a information package and some forms.

I received the package this weekend and they included an AS1 and AP1 form with a set of information notes and some guidence details...

Do you know if they Should they have also included a ID1 form..

on one of the other forms it does seem to ask about ID so I was wondering if maybe I dont need a seperate ID1 form...

Thank you

Richard_Webster

We had agreed to initially split every thing equally ( into 3) when we make the transfer from my Fathers name into all 3 of us...

Then IF one of us dies, the other two get equal parts of the deceased part.... so therefore it will be left and split equally into the two remaining persons..

Initially we were not considering selling the property if one of us should die, there fore the property will be split between the remaining two..

You will need to go for the joint tenancy option on the AS1.

Do you know if they Should they have also included a ID1 form..

on one of the other forms it does seem to ask about ID so I was wondering if maybe I dont need a seperate ID1 form...

Unless you are using a solicitor you will need an ID1 which you should be able to download form the Land Registry as a WORD document.