Change of name on deeds- Help from Land Registry rep please

Maisie_Moo

My mother in law passed away last year , she left a will and everything including her house was left to my husband.
He has obtained probate and we have now decided to renovate MIL house and move into it, we currently own our property.

As far as I know the deeds are held with a local solicitor and until I looked at this forum hadn't realised that it is possible to change the name on the deeds without using a solicitor.

My question is what do we need to do please ? and is it fairly straightforward?
I managed to complete the probate forms without using a solicitor so hoping this will be possible too.
Hope I have posted on the correct forum.

DandelionPatrol

Maisie_Moo wrote: »

My mother in law passed away last year , she left a will and everything including her house was left to my husband.
He has obtained probate and we have now decided to renovate MIL house and move into it, we currently own our property.

As far as I know the deeds are held with a local solicitor and until I looked at this forum hadn't realised that it is possible to change the name on the deeds without using a solicitor.

My question is what do we need to do please ? and is it fairly straightforward?
I managed to complete the probate forms without using a solicitor so hoping this will be possible too.
Hope I have posted on the correct forum.

You need to establish whether the title is registered at the Land Registry.

• If it is, then you do a straightforward transfer, using form TR1, I believe.
• If the property is not registered at the Land Registry, you need to find the deeds and then get them registered at the Land Registry, in your names. This requires the deeds, the Will and the Grant of Probate, I believe.

If you cannot find the deeds, you should come back with a follow up question

G_M

Pay £3 to the Land Registry here to see if the property is registerd or not.

Do you know if there is a mortgage on the property? I assume not as Probate has been granted so Executers will be/will have paid it off. But again, if the property is registered, the Title will show the mortgage (section 3 - 'Charges')

If it is registered & un-mortgaged, it is not hard to change the name. You'll need TR1, AP1, & ID1.

Read:

https://www.gov.uk/government/publications/registered-titles-whole-transfer-tr1

SmlSave

There's a new land registry form if it's just to remove actually deceased persons name. Much easier than the TR1 and AP1.

I'm afraid that I can't remember the form name atm though

G_M

SmlSave wrote: »

There's a new land registry form if it's just to remove actually deceased persons name. Much easier than the TR1 and AP1.

I'm afraid that I can't remember the form name atm though

You may be right if it's new (I don't know of this) though you could be thinking of removal of a deceased's name from a jointly owned property. That would not apply here.

Edit: Ah! You may be thinking of transfer of ownership to the Representative of the estate (Executer) which does not require TR1.

But then it has to be transferred to Beneficiary using TR1. See

https://www.gov.uk/government/publications/devolution-on-the-death-of-a-registered-proprietor/practice-guide-6-devolution-on-the-death-of-a-registered-proprietor

Maisie_Moo

Many thanks, the property has no mortgage, I will check on the Land registry site to see if is registered.

Land_Registry

Important to know if it is registered or not although the change of ownership from deceased Mother remains the same either way.

If owned solely by the Mother then the executor, as named in the probate, would transfer ownership to any beneficiary by way of an Assent (form AS1). The alternative is to use a Transfer (form TR1) although that tends to be when transferring to a third party e.g. when selling for example.

Not too sure if it is to be owned solely by your husband or jointly between the two of you but it sounds as if an Assent would fit the bill.

If the property is unregistered then the Assent or Transfer triggers the need to register it for the first time. You would then need to apply for First Registration and use an application form FR1. If the property is registered then it would be an application form AP1.

If it is registered then the deeds won't be needed and completing the forms/application is probably simpler than applying for probate (or so I am told).

SmlSave is I suspect referring to a form DJP which is used to update the register following the death of a joint proprietor and I don't think this applies in Maisie Moo's case

Maisie_Moo

Many thanks, it would appear that the property is not registered.
I have located the deeds who are with a local solicitor.
Everything including the house was left to my husband, as well as registering the deeds would AS 1 form be enough to change the names on the deeds (into joint names) , he was the sole beneficiary of MIL estate. Or is there another form to add my name on too ?
Many thanks for the help, I've managed to complete Power of Attorney Forms as well as Probate so hoping I am not biting off more than I can do with the Land Registry forms.

G_M

As well as transferring the name you'll need to complete a first registration:

https://www.gov.uk/registering-land-or-property-with-land-registry/register-for-the-first-time

My advice now would be to use a solicitor as it is becomig more complex:

* transfer to Beneficiary following probate
* transfer from Beneficiary to Beneficiary + spouse
* 1st compulsory registration

However you may still manage to DIY.

Land_Registry

As the property is unregistered any change of ownership made through a legal deed will trigger the need to now register it for the first time, as per the guidance G_M has linked you to.

I mention legal deed simply because death in it's own does not trigger the need to register but what then happens will invariably do so as and when the deed is completed.

My limited understanding of probate law and how the beneficial estate is dealt with means you may need wider/legal advice on what needs to happen re the property as far as for example it passing first to a beneficiary and then on to a third party.

From purely a registration perspective for example IF we received a Transfer from the executor to say the two of you then we would have no issue in registering it provided the probate was submitted and the First registration application was lodged correctly. We would not be aware of the deceased's will or the single beneficiary and would be focused solely on the executor's ability to deal with the property.

To my mind there would therefore be no need to say Assent it to the beneficiary and the beneficiary then transfers to the two of you for example but something to clarify with regards probate law and issues around say CGT/IHT etc etc?

Maisie_Moo

Think I will speak to the solicitor as it is becoming a bit more complicated, regarding IHT the estate did not reach the threshold and as we are intending to live permanently in the property then CGT should not apply, many thanks for the advice.