Transfer of Property - ID and TR1 form

amayeta

After nearly 3 years the executors of my sisters estate want to sign over my sisters part of a joint property to her only living child.
The problem is I have been sent a form to verify who I am and a TR1.

Their solicitors have said that I can get my ID verified but that I must send back the TR1 without a date to their office.

In order to save money, which I do not have anyway, I had intended to visit one of the Land Registry Offices to have my ID confirmed but after several emails I have been told the following:

Unfortunately, Land Registry does not verify identity on a standalone basis. This must be carried out at the same time as an application is lodged.
You must submit your application at the same time as verification at the customer information centre. All forms must be signed, dated and witnessed by all parties This means that everyone who completes a form ID1 must attend at the same time, and that the application requiring ID verification must itself be in order.

I cannot understand if all the executors want is to remove their names from the Land Registry why I am being asked to return the TR1 form to the solicitors.
I don't want to pay £389 to a conveyance company just to confirm who I am.
Oh and their solicitors have threatened to start litigation of I did not reply within 14 says. I sent them an email the day I received the letter. I have been to 6 local firms and each have said they have no-one available to assist me. I am upset that the executors have never helped financially and I have just had to struggle. This is like another nail in the cofin�� I just want this over with ��
Can anyone assist.
Many thanks for any helpful replies.

davidmcn

amayeta wrote: »

I don't want to pay £389 to a conveyance company just to confirm who I am.

Then shop around.

solchain

Dont know much about what you need, but have you tried a local Notary? might be able to fit you in quickly and probably charge much less - just an idea to investigate.

http://search.thenotariessociety.org.uk/pages/what-is-a-notary

G_M

A solicitor will typically charge betwen £5 and £20 to verify your ID. where do you get £389 from??!!!!

I assume you are the pther joint owner of the property?

The Executers are presumably removing your sister's name from the property Title. The ownership is being transferred (hence TR1) from you and sister to you and child.

Though I'm suprised as a child cannot own property - how old is the child?

the LR (surprisingly!) are correct that they can only do in-person ID verification at the time the documents are all submitted.

Finally, I vaguely recall that there is a different form (not TR1) that is used where property is transferred by executers - but this may only apply if the deceased is the sole owner. Are the Executers solicitors, or family?

davidmcn

G_M wrote: »

I assume you are the other joint owner of the property?

After some headscratching that's the conclusion I came to.

(It's like one of those riddles, isn't it? "I am not my sister or her only living child or one of her executors - who am I?")

xylophone

I assume you are the pther joint owner of the property?

https://forums.moneysavingexpert.com/discussion/comment/68217445#Comment_68217445

I assume that the property in question is the one to which reference is made in the thread above.

If so, the OP's sister's child is the nephew who will now be over 21.

Land_Registry

I read it as the title being in the joint names of the OP and the executors and they now want to transfer it to the OP and the 'child', presumably as the child is now old enough to be registered in own right

The OP mentions the executors wanting their names removed

G_M

I guess we need a lot of clarification by the OP.

amayeta

Please note that I did try to update this original post but I could only read for some reason so apologies for the other post on this matter.

I contacted the Land Registry Office and was informed that the Executors WERE NOT on any documentation and that my sister and I were the only names on the registry.

So what actually needed to happen was that a the following needed to be done:

When a joint owner dies
When a joint owner of a property dies, fill in form DJP to remove their name from the register.

Send the completed form to the Land Registry, along with an official copy of the death certificate.

In addition:
If you transfer to a beneficiary

To transfer a property to a beneficiary, download and fill in these forms:

‘Change the register’ (sometimes known as form AP1)

Neither of the above was done.
I have repeatedly informed the solicitor representing the executors and the executors themselves but they still insist that I need to complete a TR1, which they want me to send back to them and an ID1 which can be done at the Land Registry Office.

Extract from email from solicitors letter:
As indicated in our previous correspondence the land Registry do not require you to submit an application in order to verify a form ID1.

As you can imagine we have many situations where people have to go and have these forms completed and I have another transaction where somebody has done it just this week.


I have informed them that this is incorrect and I have verified this with a representative at the Land Registry Office.

They have practically called me a liar and that I was simply making things difficult and that transferring the property was taking long because I was being uncooperative.

I am just getting so tired of this. The executors blocked me from renting out the property, from doing repairs as they would not pay anything towards them and I have be paying for Council Tax for this property as they keep telling me that they cannot access funds.

Its a croc and I for one want rid of them ASAP.

So I cannot find a solicitor locally so today I am going to try to find one anywhere just to have this sorted.

Thanks you to everyone.

Land_Registry

amayeta - thanks for posting again

If the title is in your joint names then you would need form TR1 to transfer the legal ownership. That transfer would be by you to whoever e.g you plus beneficiary. But as the sole surviving registered owner it is you who does the transfer.

Form AP1 is an application form only. It is used to apply for a change to the register so would accompany a TR1 for example

Solicitors are required to confirm your identity and/or whether you are legally represented when they complete and submit their AP1 and TR1.

The copy death certificate can be submitted at the same time or you can apply to remove the deceased's name using form DJP as stated.

The wider issues re whether the title needs to be transferred is presumably something already discussed between you, the deceased's beneficiary and the solicitor. If the decision has been made to put it into the joint names of you and the beneficiary then it is forms AP1and TR1 that are needed. And your identity/legal representation also needs to be covered off.

G_M

OP - you are right about submitting ID1 together with the application:

Verification of identity at our customer information centres If you want to visit a Land Registry office to verify your identity, you must make an appointment and check what evidence of identity you need to bring.
You must submit your application at the same time as verification at the customer information centre. This means that everyone who completes a form ID1 or form ID2 must attend at the same time, and that the application requiring ID verification must itself be in order.

https://www.gov.uk/guidance/completing-forms-id1-and-id2

If getting ID1 completed seperately, shop around. There are cheaper ways to get it completed. As well as diffeneces in prices charged by solicitors, a Legal executive is likely to be cheaper than a solicitor.

You can have your identity verified by a conveyancer, a Chartered Legal Executive or at one of our customer information centres.

But as the LR Rep says, since the property is in your name, you affect the transfer. Do you have a (certified copy of the) death certificate? If so, you could complete TR1 yourself, get nephew to sign, then take it together with nephew, AP1, and Death Certificate to a LR Office where ID1 can be verified.