Inheriting a property and land registry

kjb_2

My sister and I have recently inherited a property from our parents. How do we become tenants in common? Can we use land registry AP1?
Thanks

googler

Has the property been transferred into your name(s) by the executors as part of the winding up of the estate?

kjb_2

We are the executors and the only beneficiaries. We are wondering if filling in the form is all we need to do to become tenants in common
Thanks

Fire_Fox

http://www.willans.co.uk/files/uploads/download/Willans_guidelines_for_executors.pdf
http://www.hmrc.gov.uk/manuals/tsemmanual/tsem6050.htm

G_M

http://www.landregistry.gov.uk/public/faqs/how-do-i-register-the-people-who-have-inherited-registered-land-or-property-under-a-will-the-beneficiaries

http://www.landregistry.gov.uk/public/faqs/what-do-i-do-when-a-property-owner-dies

http://www.landregistry.gov.uk/public/faqs/when-and-why-do-i-need-to-produce-evidence-of-identity

Land_Registry

G_M has summed it up superbly with the three simple links to the relevant online guides

The guides and forms referred to will help you through the process of changing the land register into your joint names as tenants in common.

Form AP1 is essentially an application form only - it is used to lodge the other forms and paperwork and will not on it's own achieve anything.

If the property is unregistered then you will need to register the property for the first time. Guides and forms are also available if required.

If you have any questions re the guides or forms then Contact Us - our Customer Support Centre can help with an explanation of the procedures etc but cannot provide legal advice

Brighty

Sorry to hijack the thread, but am in a similar position.
Parents owned 2 properties as joint tenants.
Mum passed away in May, then dad 2 months later.
Brother and i are sole beneficiaries.
I am administrator of both estates.
We want to get them in our names as tenants in common 50/50
Do we just use forms AP1&AS1 or do we need to fill in a form DJP as well as mum died before dad?
Then want to get half of my share in my wifes name for income tax purposes, so 50/25/25. Obviously need to see a solicitor about that, but is it worth me doing the other forms myself first or can it all be done in one go? Want to keep solicitors fees as low as possible, which doing the above forms myself will do, but don't want to incur extra land registry fees by doing it in 2 stages if it can all be done in one.

Thanks

Regards

Brighty

Land_Registry

Brighty - The links provided by G_M still apply here - if the property is registered then fairly straightforward when dealing with the legal title (land registration aspect). As you already appreciate it is the beneficial aspect that often requires wider guidance and explanation.

A form DJP would not be required. If they were registered as joint tenants then evidence of death for mother (death certificate) and probate for father. These show the chronological sequence of events as well as confirming, via the probate, your authority to deal with the property.

Panel 10 of AS1 can be completed to demonstrate how you and your brother wish to hold the property for registration purposes.

However, discuss this aspect with your legal adviser as wanting to split your own share in half may be reflected in the same panel but a separate deed/document or paperwork may be required, although Land Registry are unlikely to require sight of it.

The only application required is the single AP1 + AS1 along with the evidence as mentioned. Other posters may be able to add something re the other aspects - our Public Guide 18 explains the issue of joint ownership from a Land Registry perspective so anything outside of this guidance is not something we can advise upon.