TR1 form after death of tenant in common

sunsetboulevard

Hello, am after some advice please

The situation is as follows. My parents owned their home as tenants in common 50% each. My mother died last year and via her will she left me her share of the property. I will therefore now own the property with my father.

I have got forms AP1 and TR1 from the Land Registry to transfer her share of the property to me. I have looked at the guidance notes to fill out these forms and am none the wiser.

Starting with the TR1 form can someone tell me who the Transferor is? Do I put my mother's name (deceased) or what?

I phoned Land Registry twice asking them this question. The first time the man talked non-stop and wouldn't let me get a word in edgeways. The second time I rang the woman told me they don't give legal advice. Eh?

Any help would be much appreciated.

G_M

Jo101 wrote: »

...
Starting with the TR1 form can someone tell me who the Transferor is? Do I put my mother's name (deceased) or what?
the Executer of your mother's will

....

And carrying on from this, what is the next question?

What do I do when a property owner dies?

Death of a joint proprietor

Practice Guide 06 - Devolution on the death of a registered proprietor

sunsetboulevard

Thanks G_M for your reply. Because both myself and my father are executors of her will I suppose I need to put both our names as Transferors.

Next question is no. 11. Would this be the correct place to mention that I wish to hold the property with my father as joint tenants?

Thanks again.

G_M

Jo101 wrote: »

Thanks G_M for your reply. Because both myself and my father are executors of her will I suppose I need to put both our names as Transferors.

Next question is no. 11. Would this be the correct place to mention that I wish to hold the property with my father as joint tenants?

Thanks again.

Are you sure you are up to completing this form without more help than a public forum?

No 11:

Insert here any required or permitted
statement, certificate or application and
any agreed covenants, declarations and so on

Panel 11 Additional Provision
Sometimes there are covenants or agreements between the transferor(s) and transferee(s). This is where you should enter the details. You may wish to seek legal advice as such covenants or agreements are binding on the person(s) who gives them even after completion of the transfer.

Have you completed panel 10 yet......

xylophone

http://www.landregistry.gov.uk/public/guides/public-guide-18
Changing from a tenancy in common to a beneficial joint tenancy.
Does this help? Otherwise see a conveyancing solicitor?

Land_Registry

I am sorry that you had difficulties in obtaining guidance from us.

I shall do my best to cover the points you need to consider and to keep them brief. However this can be difficult to achieve as there are a number of issues to consider and not all will relate to the registered title. For that reason we will always recommend that legal advice is obtained.

As the Transfer is for ‘no monetary consideration’, namely not on sale, then a TR1 with him as Transferor would be correct. The Transfer is in effect from your Father to the two of you and as the sole surviving registered owner he can transfer the legal title providing no monies are changing hands (second tick box in panel 8).

The Transferees are you and your Father in this scenario and you would need to lodge an official copy of either the probate or death certificate for your late mother as evidence of her demise.

G_M refers to your mother's executor but that would only be the case if your Mother had either been the sole owner or both she and your Father had been joint owners and both had passed away but she had out-lived your Father.

Panel 11 is rarely used and as G_M points out panel 10 should be completed. If you and your Father wish to hold the property as joint tenants then you would tick the first box in panel 11.


The above should enable you to Transfer the legal title into the joint names of both you and your father but there is the remaining complexity of the existing form A restriction which reflects that they held the property as tenants in common. This restriction will not be automatically removed based on the information posted to date.

xylophone has kindly linked you to the online guide which explains the meaning of the different types of ownership joint tenants/tenants in common and how they can be changed. If the guide and the following do not assist then I would again recommend consulting a conveyancer/solicitor.

As the Transfer is not for money then an application in form RX3 will be required to remove the restriction. Section 8 of Practice Guide 6 as linked by G_M explains what is required. Public Guide 18 also refers and is aimed at members of the public

I have not set out what would be required as by simply repeating what is mentioned in the guide would make for a very lengthy post.


NB - if you apply to register the Transfer but take no further action re the tenants in common aspect then the form A restriction will remain on the register. If the application is completed you would receive a letter explaining why it has been left on the register and setting out what is required for it to be removed.


I hope that the above has at least clarified the issues around the TR1 form. I suspect that the tenants in common aspect may require some further consideration though?

purple_haze

On your mother's death, the legal title to the property vested in your father as the sole surviving trustee of the legal title. He is therefore the transferor in the TR1.You and your father are the transferees.

Tick the second option in box 10 to indicate that you own the property as tenants in common in equal shares.

Send TR1 to the Land Registry with an official copy of your mother's death certificate, forms ID1 for you and your father, form AP1 and the relevant fee.

sunsetboulevard

Thank you very much to everybody for your replies. I'm really not too sure that I am up to completing this form myself, but I'll give it my best shot! I managed the probate and inheritance tax forms okay but this one has stumped me big style.

I'll take some time now and read all your responses and see where I go from here.

Thanks again for your time.