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Registration of Property on Inheritance
Pastyman_2
Posts: 39 Forumite
My parents bought a new-build bungalow in 1957 and it has been owned by them ever since. It has never been registered with the Land Registry and they owned it as tenants-in-common in equal shares. Their mirror wills from 2003 intended to leave each half ownership to me.
My mother has died and her will says she has left her 'beneficial interest' in the property to me.
I now understand that beneficial interest is not the same as actual ownership.
I am starting to prepare for registration but I am unclear on which forms are appropriate in this situation.
As the property is not registered, there is no title to transfer so Form TR1 would not be applicable, would it?
If I use Form FR1 for first registration, should I enter my father's and my name as joint applicants? But if my beneficial interest does not qualify me to be a joint owner, should the property be registered solely in my father's name first and then half share transferred to me?
As executor of her will I am awaiting a Grant of Probate so I can retrieve the deeds from her solicitor. In the meantime, I thought I'd run this past the forum for a few pointers or definitive guidance from the expert LR rep (please).
My mother has died and her will says she has left her 'beneficial interest' in the property to me.
I now understand that beneficial interest is not the same as actual ownership.
I am starting to prepare for registration but I am unclear on which forms are appropriate in this situation.
As the property is not registered, there is no title to transfer so Form TR1 would not be applicable, would it?
If I use Form FR1 for first registration, should I enter my father's and my name as joint applicants? But if my beneficial interest does not qualify me to be a joint owner, should the property be registered solely in my father's name first and then half share transferred to me?
As executor of her will I am awaiting a Grant of Probate so I can retrieve the deeds from her solicitor. In the meantime, I thought I'd run this past the forum for a few pointers or definitive guidance from the expert LR rep (please).
0
Comments
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You can do the registration and transfer to you as one application with the will as one of the supporting documents.
Technically your father would be transferring half to you as the surviving co-owner. You can use TR1 without a title number as long as it is with an FR1 application.
In these circumstances you are probably not required to register but it's worth doing for ease in the future.:heartpuls Daughter born January 2012 :heartpuls Son born February 2014 :heartpuls
Slimming World ~ trying to get back on the wagon...0 -
Crabapple has covered it - you can use our forms for unregistered property as well
As the property was in their joint names your Father would need to transfer the whole legal ownership to you both IF that is what is wanted. In so doing you trigger the need to register it now so it would not be a voluntary registration. You wouldn't register it in Fathers name first and then Transfer it to joint names. You can roll it into one process
I would recommend you both getting legal/financial advice to ascertain what options are available and the best way forward to ensure each interest is protected in a way that works for you both“Official Company Representative
I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"0 -
It really is not a DIY job so don't be misled by those who say it is simple! You and your father need separate legal advice and to get the registration and transfer done professionally. As LRR has said the your father is the one who legally has to do the transfer. Depending on the individual circumstances there may be IHT or CGT implications to trap the unwary.0
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