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Tenants in Common - RX1

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Comments

  • I am struggling to get my head around this Trust Deed part of the process. The document states:

    ""Send the form and trust deed to HM Land Registry’s Citizen Centre.""

    My questions are:

    1. Do you have to always send a Trust Deed along with the form?
    2. What are the alternative/options to the Trust Deed?
    3. Your stated that "Joint owners can enter into a trust deed which is one of the options referred to in the online guidance linked to above". Where are these options reference in the document?

    Sorry for not get the point.
  • Land_Registry
    Land_Registry Posts: 6,238 Organisation Representative
    Part of the Furniture 1,000 Posts Name Dropper
    You only need to get your head around he trust deed part of the process if there is a trust deed

    You seem to be asking the same series of Qs again so I would suggest that you need to see a solicitor and explain to them what your exact situation is and what it is you wish to do

    Issue of JT or TIC is a complex one and the registration process is not the sole deciding factor in how you hold it
    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"
  • My Wife and I had decided change our will and change from joint ownership to tenants in come. I started to shop around solicitors for a price. 3 solicitors quoted a price for two wills of £275 +VAT. On top of that, an additional a fee of £150 +VAT. This for severing the joint ownership and creating tenants in common. A 4th solicitor surprised me by advising me that he could do this for us, at the same prices, but added that in his experience it was such a change was waste of money. His reason was that a tenant in common agreement usually fails to give the measure of protection that one thought it would e.g. Future care needs.
    I asked what the alternative was. There is no alternative!
    Our Will making is now on hold. If such arrangements are dodge I am puzzled why others had not mentioned a potential problem. Is it just simply that solicitors just give clients what they ask for and not advise other wise?
    Can anyone support the solicitors opinion on tenants in common? Is there a rational alternative?
  • Millerdog
    Millerdog Posts: 119 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    Hope you don't mind me jumping on the band wagon but you mentioned care home fees. One parent is going into a care home as a self funder. The other wishes to change property to tenants in common so if they die before the care home occupant , they can ensure that their will is amended so that their legacy goes to grandchild and not on care home fees. Would this be the correct action ?
    I may not have thanked you but I meant to, honest!
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