How do I transfer "tenants in common" property as executor of a will

Mrs_Gardener

My father-in-law has died recently, my mother-in-law with whom he owned his house as tenants in common is fit, healthy and intends to remain in the house for the foreseeable future. My husband (an only child) is the sole executor and also the beneficiary of my father-in-law's share of the house - we have no need or intention to ever force a sale. In 2006 M.i.L and F.i.L changed the house from joint tenancy to T.I.C and also made mirror wills - all using a solicitor. This was done to protect half house value in event of care home for second survivor, not for IHT as estate is under this value. No mention is made of being held in trust for survivor or of percentage held by either of them.

We are o.k. with the IHT and probate forms - both HMRC and HMCS also provide great instruction publications - but we are stumped by the Land Registry forms. Which ones do we require to transfer the title from F.i.L to my husband (in line with the will) and is there any help available on how to complete them? Would it be better to use a solicitor/conveyancer for this part and, if so, how much is this likely to cost?

vaio

when I was shuffling houses about 10 years ago I found the land registry staff very helpful on the phone

gorgeouslatinrose

You may have more luck posting this on the housing board, as there are a couple of people who will know a lot more about the subject.

Mrs_Gardener

Thanks, already tried them but they gave no specific advice and the two advice guides they suggested were little or no use.

Mrs_Gardener

Thanks for suggestion, may try this if not successful in this post, but all searches for executor and tenants in common came from this area so thought I'd try here first.

tandraig

Mrs Gardener - I suggest you ask the Land Registry Staff, a more helpful bunch of people I have yet to come across! If you look on the Land Registry website there are a number of booklets you can download plus and FAQ. also contact details.
I have no experience of Tenant in Common or I would try to help more, but try the Land Registry as I have found them very helpful in the past.

McKneff

Interesting thread, My OH and i did this iwth our house about 10 years ago for exactly the same reasons.

I have learnt something for future reference, thanks all.