Executing will which gives stepdad right of residence in house - what Land Registry forms to use

MiddleEverything

My Mum died late last year leaving a house which she was the sole owner of. I'm the executor and main beneficiary. The will gives her partner of over a decade the right to stay in the house as long as they are not married, cohabiting, dead or living somewhere else.

I now have probate and I understand I have to send in some Land Registry forms to say I am now the legal owner of the house (but, right now, as a trustee of the trust the will created).

I am trying to do as much as I can myself (out of principle and because I'm going to have to do the same for many more elderly relatives in future) but did get a local solicitor to give me a quick rundown of the implications of that bit of the will.
(sadly I didn't realize that the Land Registry bit might be so potentially complicated so I didn't ask about that - oh well).
Solicitor said I should nominate a second trustee and I have read (not established enough to be allowed to include link!) much the same elsewhere.
First question, is that "should ideally" or "must"? After all when the trust ends the house goes to me anyway, I fill in the Land Registry forms to have me-as-me as the owner and then take it from there... Or not?

I have copies of form TR1, RX1 and LL but - do I need to also fill out AP1, AS1 and (for the other trustee I'm nominating) ID1?

I am also trying to work out if I need a declaration of trust or whether there is just some form of wording that says "see will"?

I have watched the Land Registry YouTube videos and been trawling the online guidance but.... Aargh!

Savvy_Sue

I do not think you can legally have a trust with just one trustee. It is a shame the will did not name another trustee.

You're the main beneficiary - who is / are the other(s)?

Tom99

You can have a trust with one trustee. For example spouses hold property as tenants in common leaving their own share to children with surviving spouse a life interest.
In that case the legal ownership can be transferred to the surviving spouse alone who will hold the property on trust for themselves and the children.
In that case a 'Form A' restriction should already have been placed on the title the effect of which is that the surviving spouse cannot sell the property without appointing a 2nd trustee to protect the other trust beneficiaries. I wonder whether that is the situation your solicitor is thinking off?

Certainly you can have the legal interest transferred to you now without appointing a 2nd trustee. I would ask the Land Reg whether they will apply a Form A restriction in your case.
When you come to sell the property the trust will have ended because the partner will have moved out so a Form A restriction would not be needed at that time and can be removed before you sell.

https://help.landregistry.gov.uk/app/answers/detail/a_id/27/~/transfer-ownership-to-the-beneficiary-after-the-sole-owner-has-died

https://www.gov.uk/government/publications/devolution-on-the-death-of-a-registered-proprietor/practice-guide-6-devolution-on-the-death-of-a-registered-proprietor

https://www.gov.uk/guidance/contact-hm-land-registry

Sea_Shell

As an aside, how are you supposed to "police" whether he cohabits in the future?

Do you live locally...can you spy on him?

MiddleEverything

I am the only beneficiary apart from his right of residence. We have known each other for years and still see each other. So while of course I do have consider he might do X Y or Z it's fair to say I really don't expect any issues.
Have realized this is better posted on the Land Registry thread so popping over there...