Joint Tenants or Tenants in Common? or cancel Form A? for IHT

xylophone

I am assuming that the property passes to your mother because your father's will indicated that all his assets (apart from bequests to certain named beneficiaries) went to your mother.
The note will have no formal effect - your mother could choose to do as your father indicated but this would then represent gifts to you from her.
To avoid this, the affected beneficiary (your mother)  could  agree to a Deed of Variation which directs that the property should be sold and the proceeds divided equally between the children.
It would not be necessary to transfer the property into the names of the children - the executor of the will can act as vendor and sign all necessary documents.

xylophone

In respect of the property owned as TIC, the executor can assent  your late father's interest to your mother so that it stands in her sole name and apply for the removal of the Form A restriction.

MayQueen

xylophone said:

I am assuming that the property passes to your mother because your father's will indicated that all his assets (apart from bequests to certain named beneficiaries) went to your mother.
The note will have no formal effect - your mother could choose to do as your father indicated but this would then represent gifts to you from her.
To avoid this, the affected beneficiary (your mother)  could  agree to a Deed of Variation which directs that the property should be sold and the proceeds divided equally between the children.
It would not be necessary to transfer the property into the names of the children - the executor of the will can act as vendor and sign all necessary documents.

Thank you xylophone. Your first sentence is correct. I we will go forward with the Deed of Variation and as executor I can act as vendor. I really appreciate your advice.

MayQueen

xylophone said:

In respect of the property owned as TIC, the executor can assent  your late father's interest to your mother so that it stands in her sole name and apply for the removal of the Form A restriction.

Yes, I will help mum to do that. Do I need to wait for a grant of probate, or can I just apply for removal of the Form A restriction with dad's Death Certificate?

MayQueen

MayQueen said:

xylophone said:

In respect of the property owned as TIC, the executor can assent  your late father's interest to your mother so that it stands in her sole name and apply for the removal of the Form A restriction.

Yes, I will help mum to do that. Do I need to wait for a grant of probate, or can I just apply for removal of the Form A restriction with dad's Death Certificate?

So sorry, I just remembered that Tom99 answered that question previously. I'll have a read up, but I think I will need a probated copy of the will. 

Tom99

MayQueen said:

Do I need to wait for a grant of probate, or can I just apply for removal of the Form A restriction with dad's Death Certificate?

The details of how to transfer the ownership to you mother are here (section 3):

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 

The details regarding removal of a restrictions are in section 7.

Once you think you know what forms to send you could send the Land Reg an email asking them to confirm you have the right forms here:

https://help.landregistry.gov.uk/app/contactus_general 

I don't think you need probate but presumably the Land Reg will want a certified copy of the will to confirm the restriction can be removed so it may be easier to wait until you have probate (which I think comes with a certified copy of the will) before sending of the forms.

Land_Registry

If you are looking to update the registers for each property then the following will be needed
For the one in joint names and with the form A restriction you would need form DJP, death certificate and the stat dec you referred to earlier. We don;t want the will for example and you don;t need probate as the legal ownership has passed to your Mother following your Father's death. 
Our Practice Guide 6 explains what is required and links you to the forms. The form A restriction was presumably applied for to protect the TIC position and related to how their beneficial (not legal) ownership. 
For the property which your late Father solely owned you will need probate so the executor can then deal with his estate, which the property and his legal ownership forms part of. If the property is to be transferred to your Mother for example as his beneficiary then you would need forms AP1, AS1 and ID1 for your Mother. PG 6 again refers
If that property is to be sold then there is rarely a need to transfer it into your Mother's name as the executor could deal with the sale once probate has been obtained.
Practice Guide 19 is really aimed at the protection of third party interests rather than a form A restriction so I would stick to PG 6 as that covers all the scenarios you are dealing with. 

MayQueen

Land_Registry said:

If you are looking to update the registers for each property then the following will be needed
For the one in joint names and with the form A restriction you would need form DJP, death certificate and the stat dec you referred to earlier. We don;t want the will for example and you don;t need probate as the legal ownership has passed to your Mother following your Father's death. 
Our Practice Guide 6 explains what is required and links you to the forms. The form A restriction was presumably applied for to protect the TIC position and related to how their beneficial (not legal) ownership. 
For the property which your late Father solely owned you will need probate so the executor can then deal with his estate, which the property and his legal ownership forms part of. If the property is to be transferred to your Mother for example as his beneficiary then you would need forms AP1, AS1 and ID1 for your Mother. PG 6 again refers
If that property is to be sold then there is rarely a need to transfer it into your Mother's name as the executor could deal with the sale once probate has been obtained.
Practice Guide 19 is really aimed at the protection of third party interests rather than a form A restriction so I would stick to PG 6 as that covers all the scenarios you are dealing with. 

Thank you, this is very helpful.

MayQueen

Tom99 said:

MayQueen said:

Do I need to wait for a grant of probate, or can I just apply for removal of the Form A restriction with dad's Death Certificate?

The details of how to transfer the ownership to you mother are here (section 3):

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 

The details regarding removal of a restrictions are in section 7.

Once you think you know what forms to send you could send the Land Reg an email asking them to confirm you have the right forms here:

https://help.landregistry.gov.uk/app/contactus_general 

I don't think you need probate but presumably the Land Reg will want a certified copy of the will to confirm the restriction can be removed so it may be easier to wait until you have probate (which I think comes with a certified copy of the will) before sending of the forms.

Thanks Tom99, very kind. 

MayQueen

Land_Registry said:

If you are looking to update the registers for each property then the following will be needed
For the one in joint names and with the form A restriction you would need form DJP, death certificate and the stat dec you referred to earlier. We don;t want the will for example and you don;t need probate as the legal ownership has passed to your Mother following your Father's death. 
Our Practice Guide 6 explains what is required and links you to the forms. The form A restriction was presumably applied for to protect the TIC position and related to how their beneficial (not legal) ownership. 
For the property which your late Father solely owned you will need probate so the executor can then deal with his estate, which the property and his legal ownership forms part of. If the property is to be transferred to your Mother for example as his beneficiary then you would need forms AP1, AS1 and ID1 for your Mother. PG 6 again refers
If that property is to be sold then there is rarely a need to transfer it into your Mother's name as the executor could deal with the sale once probate has been obtained.
Practice Guide 19 is really aimed at the protection of third party interests rather than a form A restriction so I would stick to PG 6 as that covers all the scenarios you are dealing with.