Completing for TR1

Mrs_Leaky

Hi. Can anyone help? I am stuck on Section 10 - Declaration of Trust. The situation is Mum and Dad owned their house outright as Tenants in Common. Dad has died and left his half share to his three children. What box do I tick and do I have to appoint a trustee, and if so how do I word this on the document. Everything else I have filled in OK.

G_M

Are you sure you should be completing a TR1?

What is your ultimate aim? For mum to continue to own 50% and each of the 3 children to own 16.66%?

Box 3 allows the % to be specified.

Ring the Land Registry - they will not advise on law, or one what is best, but are very helpful on procedure, form-filling, and selecting the right form.

Mrs_Leaky

it was the Land Registry that advised on completing TR1. you are correct in thinking that Mum will continue to have a half share and the children will have a 1/6th share. I have also phoned Land Registry many times and they only say to read the guides as they are unable to advise me on legal matters.

G_M

Which guide are you reading? What does it say?

Land_Registry

G_M wrote: »

Box 3 allows the % to be specified.
Ring the Land Registry - they will not advise on law, or one what is best, but are very helpful on procedure, form-filling, and selecting the right form.

As G_M rightly states there are strict limitations on the type and nature of the advice Land Registry can provide. Our primary purpose is to register the legal title e.g. ownership rather than dealing with the beneficial title e.g. who owns what % and as such can only provide very limited procedural guidance. Often there are wider implications attached to the beneficial aspects i.e. inheritance tax, future liabilities and the impact of owning a % share in a property when you may have your own as well.

The guides you will probably have been referred to are Public Guides 9 and 18 which deal with the death of an owner and joint ownership - both will give you some basic guidance but are not intended to cover every situation.

Based on the information you have provided it would appear that the intention is for your Mother to transfer the property to both herself and the benefitting children. If that is the case then form TR1 is the correct form to use.

If you have completed box 2 of panel 8 on form TR1 (the Transfer is presumably for no monetary value) and the registered title reflects the fact that your parents held the property as tenants in common i.e. a restriction is registered after their joint names (see PG 18 for an example) then it would appear that box 3 of panel 10 iwould be the the right one to choose and you can also reflect who holds what % share.
However I must stress that whilst the completion of form TR1 is largely straightforward how it is completed can have a wider impact on future dealings with the title i.e. when you perhaps come to sell or mortgage the property in the future. I would always recommend taking legal advice, even if simply a quick 30 minute chat with a CAB nominated solicitor/conveyancer.

If all of the above is true and the form/application is in order e.g. fee paid, evidence of father's demise is lodged etc then the register will be amended to reflect the new ownership and the existing restriction will remain on the register. No mention of the % shares will appear on the register itself. Section 2.2 of PG18 explains the effect of the restriction as far as the legal title is concerned.

Finally and to reiterate what G_M has already mentioned Land Registry cannot provide legal advice or advise 'what is best'. If you are unsure on how to proceed then the final line of section 2.2 is very relevant, namely 'Your conveyancer will advise you'

Mrs_Leaky

many thanks - your replies have been most helpful.

DVardysShadow

Mrs_Leaky wrote: »

Hi. Can anyone help? I am stuck on Section 10 - Declaration of Trust. The situation is Mum and Dad owned their house outright as Tenants in Common. Dad has died and left his half share to his three children. What box do I tick and do I have to appoint a trustee, and if so how do I word this on the document. Everything else I have filled in OK.

That is the legal matter on which the LandReg will not advise. If any of the children are still under 18, trustees would be required, I think. And there may be other circumstances. For which you would require the correct legal advice.