Life Interest Trust with HM Land Registry

nxdmsandkaskdjaqd

My Mum died 6 months ago leaving my step-father and his daughter as executors to her will. My Mum’s wishes were for her half of the property, through a Tenants in Common (Mirror Wills) arrangement, to be put in trust to me her daughter.

Probate has been granted and we were initially advised by the solicitor that we should “register the existence of the Life Interest Trust with HM Land Registry”.

A meeting took place today with the conveyance department, of the same firm of solicitors, to start proceedings regarding registering the Life Interest Trust with HM Land Registry. I was not able to attend the meeting today, but was horrified to hear that the conveyance solicitor informed my stepfather that changing the Title Deeds was not necessary.

So I need to know is it mandatory for the Land Registry Deeds to be amended to reflect (i) the change in circumstances as to the ownership of the property (the death of my mother and the former tenants in common arrangement) and (ii) to reflect the new Life Interest trust ( stepfather and me )?

Many thanks for your replies.

John_Pierpoint

In my untutored opinion this real estate is now legally owned by "Step dad & daughter of step dad". They are your trustees and legally have to put your interests first in all situations until you die [Who gets it then?]

Something tells me you don't trust them - so you could put a legal caution on the land or insist that the registrations reads "as trustees" ?

I had this problem when my own father popped his clogs unexpectedly and what is now HMRC were pretty quick to register their interest. There is a Land Registry Representative who posts on here regularly, but does not accept Private Messages - see if you can track down that poster and ask the best method of highlighting your life interest to any potential purchaser or mortgagee.

Who has to maintain the property inside and out?
Who has to insure it?
What happens to dilapidations ?

Land_Registry

I assume from the post that the property was in the joint names of your late Mother and your step father. And that they had a tenants in common arrangement whereby a restriction (form A) on the title already existed.

If that is the case then I suspect the conveyancing solicitor advised that as there is already a restriction in place, which already suggests the existence of a trust, then there is nothing further required other than to update the register re your Mother's demise.

The issues you face around the new Life Interest trust are not ones that Land Registry can advise on. Such matters are very separate from the legal ownership as defined by the registered title.

The issues around joint property ownership and tenants in common is explained in our online guidance but simply from a registration perspective.

The wider issues re the trust and what happens next are not something I can advise on. But as the other poster alludes to now may be the right time to discuss the options further with step father/daughter around what happens in the future. For example it might be in everyone's interests to transfer the property into two/three names now although my understanding is that there is no mandatory requirement for this to happen.