Land Registry forms help!

fazza1970

Our late mother's will stipulated that her cash assets and half her house be placed in trust, with myself and my sister as trustees, leaving our Dad (who's terrible with money) owning half the house, living there as long as he needs to (as life tenant) and benefitting from any income (ie interest) from the trust.
I've now been advised that our mum’s half share of the property must pass to the trustees (us) in legal title and so the Land Registry must be updated.
My questions relate to how to fill out the Land Registry forms required to do the above.
In AP1, what should I put in section 4 when asked to list "Applications in priority order"?
In section 5, do I HAVE to supply the title deeds of the property (I'm unsure where these are)?
Under section 6 ("The applicant"), do I list just myself and my sister (as those who are applying to change the register) or my father as well?
Under section 9, do I just list mine and my sister's addresses (as "each proprietor of the registered estate")?
Similarly, under section 10, should I list both mine and my sister's addresses?
Then, I'm unsure whether the other form we should fill out is TR1 (Transfer of whole of registered title).
This is what I was advised by a Land Registry telephone advisor (who had a VERY strong Welsh accent!), but I'm a bit thrown by the title of the form (given that it is only half of the property we are talking about).
Any help would be hugely appreciated!

Land_Registry

is the property registered and if so is it in their joint names? Let's assume it is.

So your Father will need to transfer the whole of the legal ownership to himself plus the two of you - if that is what is wanted here. You can't transfer a half share for example. It has to be the whole as the half share is in the beneficial ownership of your late Mother.

So panel 4 of AP1 is 'Transfer'
If the property is reg'd we don't need the deeds - if it's unregistered then you need wider guidance
Panel 6 - all three of you as you are the Transferees so will then be reg'd owners
Panel 9 - addresses for each of you so you, sister and Father
Panel 10 - blank as that's for any new mortgage lender details

So if it is a Transfer then yes form TR1 is needed. And with both forms we provide completion notes to take you through how to complete, panel by panel

Finally, it is important that you all understand the implications of the trust and how the beneficial/legal ownership impact on each of you both financially, legally and with regards what happens in the future.

We deal with the legal ownership so have little to do with trusts/wills and the beneficial ownership. There are often different ways of protecting each interest in the legal and beneficial ownerships and registering all three of you as legal owners is not the only option. So I'd recommend getting some legal/financial advice as well

Ps - most enquiries are handled at our Wales and Durham offices so you may spot an accent or two when you call us

fazza1970

Land_Registry wrote: »

is the property registered and if so is it in their joint names? Let's assume it is.

So your Father will need to transfer the whole of the legal ownership to himself plus the two of you - if that is what is wanted here. You can't transfer a half share for example. It has to be the whole as the half share is in the beneficial ownership of your late Mother.

So panel 4 of AP1 is 'Transfer'
If the property is reg'd we don't need the deeds - if it's unregistered then you need wider guidance
Panel 6 - all three of you as you are the Transferees so will then be reg'd owners
Panel 9 - addresses for each of you so you, sister and Father
Panel 10 - blank as that's for any new mortgage lender details

So if it is a Transfer then yes form TR1 is needed. And with both forms we provide completion notes to take you through how to complete, panel by panel

Finally, it is important that you all understand the implications of the trust and how the beneficial/legal ownership impact on each of you both financially, legally and with regards what happens in the future.

We deal with the legal ownership so have little to do with trusts/wills and the beneficial ownership. There are often different ways of protecting each interest in the legal and beneficial ownerships and registering all three of you as legal owners is not the only option. So I'd recommend getting some legal/financial advice as well

Ps - most enquiries are handled at our Wales and Durham offices so you may spot an accent or two when you call us

That's absolutely brilliant - much appreciated!