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Change Land Registry title change on inheritance to also include spouse
K23
Posts: 5 Forumite
Hi,
My father recently died and I am the sole executor and beneficiary of his estate, which includes his house which he was living in by himself. The estate is below the Inheritance tax threshold.
I went down the DIY probate route, which has recently been granted. I will rent out the property which is currently being redecorated.
I understand that if I was to change the name on the Land Registry title to just to myself I would need to fill in forms AP1 and AS1, with supporting documents.
However, I would like to add my wife to the title as a joint tenant in the same application, as I want this done asap before the house is rented out.
Is this possible? If so, can anyone point me at an example?
Would the one fee cover all this, or would I need to add another line to section 4 of AP1?
Regards,
K23
My father recently died and I am the sole executor and beneficiary of his estate, which includes his house which he was living in by himself. The estate is below the Inheritance tax threshold.
I went down the DIY probate route, which has recently been granted. I will rent out the property which is currently being redecorated.
I understand that if I was to change the name on the Land Registry title to just to myself I would need to fill in forms AP1 and AS1, with supporting documents.
However, I would like to add my wife to the title as a joint tenant in the same application, as I want this done asap before the house is rented out.
Is this possible? If so, can anyone point me at an example?
Would the one fee cover all this, or would I need to add another line to section 4 of AP1?
Regards,
K23
0
Comments
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You could just add your wife's name to box 6 of the AS1 along with yours?
You could get a deed of variation to divert half of the share in the property left to you under the will to your wife. This may not be necessary if the will is not likely to be challenged.0 -
As da_rule says add her name to panel 6.
https://www.gov.uk/government/publications/whole-of-registered-title-assent-as1/guidance-how-to-complete-form-as1
You'll need to enclose the Grant of Probate, but not the will.
I suspect you'll need ID1 as well but the guidance will tell you.
This all asumes there is no existing mortgage.0 -
As others have posted from purely a registration perspective you could add her name to panel 6 of the AS1.
Strictly speaking you are transferrring the ownership to the two of you so it could be argued that form TR1 should be used. The AS1 is used for a transfer by the executor to the beneficiary with TR1 for anything else.
We don't see the will though so rely solely on the application and forms plus probate.
If DIY then we would not need evidence of identity for the executor named in the probate but we would for any other party, namely your wife.“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 -
Thank you all for taking the time to post. The house is without mortgage, and I am the only child. It does seem like I am overcomplicating things, and da_rule, G_M and Land Rs highlighting of using panel 6 for both names is the way forward. I will remember about ID1 for my wife.
Thanks, K230
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