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Land Registry and Stamp Duty
greatcrested
Posts: 5,925 Forumite
Hi some confirmation/advice in the above please:
Person A owns property 1 in his sole name with no mortgage (it is rented out).
Person A and his wife, B, jointly own property 2 with no mortgage.
A dies.
B is his Executor and his Beneficiary.
Probate is granted.
To remove A's name from property 2, I believe B sends form DJP + death certificate to the Land Registry. There is no LR fee or SDLT to pay. Is that correct?
To transfer property 1 into B's name, I believe B sends forms AP1 and AS1 to the LR with the Grant of Probate. I believe ID1 is not needed (not sure). There is no SDLT to pay. I'm confused by the LR fee payable as there are two 'scales'. Property 1 is worth £180,000 (at Probate).
Have I got that right and what is the LR fee?
Person A owns property 1 in his sole name with no mortgage (it is rented out).
Person A and his wife, B, jointly own property 2 with no mortgage.
A dies.
B is his Executor and his Beneficiary.
Probate is granted.
To remove A's name from property 2, I believe B sends form DJP + death certificate to the Land Registry. There is no LR fee or SDLT to pay. Is that correct?
To transfer property 1 into B's name, I believe B sends forms AP1 and AS1 to the LR with the Grant of Probate. I believe ID1 is not needed (not sure). There is no SDLT to pay. I'm confused by the LR fee payable as there are two 'scales'. Property 1 is worth £180,000 (at Probate).
Have I got that right and what is the LR fee?
0
Comments
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either repost your query on the Land Registry thread,
https://forums.moneysavingexpert.com/discussion/5685941/land-registry-questions
or wait and see if the official land registry rep spots this thread in their routine searches and replies direct on here0 -
I'll wait till Monday for the LR Rep rather than duplicate posting, but meanwhile can anyone comment on the SDLT aspect (which I suspect the LR won't answer)?0
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If they own Property 2 as joint tenants, then yes, you just need form DJP and death certificate. There is no fee for this.
You are also correct re property 1. The fee will be £60 for a paper application or £30 for an electronic application (usually only available through solicitors/conveyancers etc). As there is no mortgage there also won't be any SDLT.0 -
There's no consideration for inheritance, therefore no SDLT.0
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and am I also right that ID1 is not needed where Executor and Beneficiary are the same person? (no idea why!)0
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greatcrested wrote: »and am I also right that ID1 is not needed where Executor and Beneficiary are the same person? (no idea why!)
No you don’t. Reason is here: https://help.landregistry.gov.uk/app/answers/detail/a_id/27/~/transfer-ownership-to-the-beneficiary-after-the-sole-owner-has-died0
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