Correct Form for Transfer of Title at Land Registry?

macman

I'm helping a recently widowed friend transfer the ownership of her house to herself. Her husband died last year, she is the sole executor and beneficiary of the estate. She has already got probate. The house was in her husband's sole name, not jointly owned.
The property is unregistered, and I know that form FR1 has to be submitted to register it. But to then do the transfer, does she need to use Form TR1 or form AS1? I spoke to the LR and they advised to use TR1-but having looked at the forms, it appears that AS1 is the correct one for an executor to use, i.e. when the registered owner is deceased.
Can anyone advise please?

Land_Registry

macman - where unregistered properties are concerned you can in effect use any form or create your own as unregistered property is not bound by the same requirements as registered land.

However, having said that, most will of course use the prescribed forms as it is simpler than drawing up your own legal deed for example.

An Assent (form AS1) is used where the executor is transferring ownership to a beneficiary.
A Transfer (form TR1) would be used by the executor to transfer ownership to anyone else e.g. sell it

So if your widowed friend is the executor and beneficiary then you are quite correct that an Assent would be the route to take.

If we gave conflicting advice then apologies

Guidance on first registration is available online here whilst the form AS1 and how to complete is available here

The registration fee will be Scale 1 on the current market value of the property and I suspect she has that from completion of probate. (The online guidance re Assents refers to Scale 2 but that is applicable when dealing with registered land only)

macman

Thanks for your reply. Yes, friend is both the executor and sole beneficiary so form AS1 is the correct one for her.
Can you please confirm that the first registration fee is based on current market value and not on the transfer value (which in this case is obviously zero, since she inherited it). If so, is there a link you can supply to the price scale?
Thank you.
Edit: I have found the 'fee calculator' page but am unclear which two 'application types' I should use to calculate the total fees. For the transfer, 'First registration (freehold); for the transfer, 'Transfer of registered land-not for value'? The latter gives a 'Scale 2' reference, I can find nothing relating to Scale 1?

Land_Registry

Scale 1 dor First Registration on current market value - ignore any reference to not for value or Scale 2 as that would only come into play if it was already registered.

Current market value - Registration fee
£0 – £80,000 - Fee of £40
£80,001 – £100,000 - £80
£100,001 – £200,000 - £190
£200,001 – £500,000 - £270
£500,001 – £1,000,000 - £540 and
£1,000,001 and over - £910

macman

Thank you, so it will cost £540+VAT in this case (property value I estimate is £500,000+). And the transfer fee is £120+VAT?
Final question-should we obtain the Land Charge searches first using form K15, then once we have those, submit FR1 and AS1 simultaneously, along with the other required documentation?

Land_Registry

macman - there is no separate Transfer fee involved as the first registration fee is a single registration fee.

You should obtain the Land Charge searches before submission

macman

But she will be registering and transferring the ownership at the same time?

Land_Registry

macman - that is what happens with most first registration applications so only one Scale fee is patyable.

In essence the Assent triggers the need to compulsorily register the ownership, hence the first registration fee.

If the Assent was of an already registered title then the Scale 2 fee would apply.

macman

Thank you, we will proceed with the searches and post again if we have any more queries re. submission of TR1 and AS1.

Land_Registry

macman - FR1 and not TR1 - hope it was a typo

macman

Oops, FR1 it is.