Land Registry - Assent or Transfer forms as part of inheritance.

homeraway

Hi

just about to fill in a number of forms for land registry and looking for an answer to the following.

Story so far:

On death of uncle (z) (sole owner of property) no will
Grant of probate issued / letter of administration sorted.


There are four relations that could inherit a portion of the property
relations (a) (b) (c) and (d)

relations (a) and (b) have said they have no interest on the property and happy for (c) and (d) to take ownership.
They are happy to put in writing they no longer have an interest in the assets (property) of deceased uncle (z) this could be done with a solicitor.

property will need to be registered for first time, so form FR1 filled in.

In order to change house ownership name from deceased (z) to relations (c) and (d) do we need to fill in

forms AS1 Assent form detailing just the relations c and d as transferees with associated AP1 forms and ID1 forms for ident

or would this have to be a transfer form TR1
(a) (b) (c) and (d) transfering to (c) and (d)

I am thinking this is not a Transfer at this point, as they don't own the property at point of death of uncle (z) and therefore would be an ASSENT.

I have read and re read the details on the land registry website but can't establish which applies either ASSENT or TRANSFER.

or should this go back to Probate to detail and identify only relatives (c) and (d) as inheriting the property.

thanks homer

Land_Registry

Homer - it can be tricky to unravel what is required in such circumstances but the best way of looking at it is that an Assent is the most common way of vesting the property in whoever is entitled to it under the will or intestacy. A Transfer is mainly used in circumstances where the property needs to be sold and the proceeds then divided between a, b, c or d.

As the property is unregistered, technically you can deal with the change of ownership in whatever way you wish as long as it is by deed. The forms we provide are for, and must be used when, dealing with registered land. There are no such requirements with unregistered land BUT in most cases people will use the forms as it makes things a lot simpler.

If there was no recorded will you would normally have Letters of Administration and the named administrators can then deal with the legal ownership and assent it to the person(s) entitled to it. Whether that is a, b, c or d or any combination is largely immaterial from a registration perspective as the FR1, AS1 and ID evidence plus the original deeds to the property should be sufficient to register.

The registration process deals with the legal title whilst the beneficial ownership is a largely separate matter. And any challenge to how the property has been dealt with would be a matter of law rather than registration.

Our general guidance re what to do when a property owner dies with links to the forms and guidance on first registration are available online - you are of course already aware but added for others in case they view this thread as well

xylophone

Deed of Variation under intestacy so that property passes to c and d alone? ww.geldards.co.uk/UserFiles/document/Deeds_of_Variation.pdf

See a solicitor concerning the above then he can deal with conveyance/reregistration of ownership etc so the problem is no longer yours?

Land_Registry

Very helpful post from xylophone as the registration aspect is the final part of any process around dealing with the estate/property.

homeraway

hi

land registry

brilliant thanks for that info, I'm happy now that a simple Assent form is what we need to proceed with.

xylophone - thanks for your info, the deed of variation doesn't apply in our case as this is well after the 2 year period from the death of the owner.
plus as everyone concerned is happy and fully agree with only c and d getting the ownership I want to be able to do this myself, rather than drawing in solicitors if not needed.

just some forms to fill in now and a cheque to write - but first I have to find a cheque (cheque book) and try and recall how to use such a thing


homer

xylophone

is well after the 2 year period from the death of the owner.

In these circumstances, might it necessary to check whether a and b are making gifts to b and c? Any CGT implication? Any IHT implication in the future for the estates of a and b?