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

MayQueen

MayQueen said: I have found form ST5. Is this the form we need to make a statutory declaration? If so, then we complete DJP, ST5 and send with a death certificate?  On the website is says must complete RX3 also? If mum is now the sole owner of the property, would it make any difference, now or in the future, if the Form A restriction remains? Could I just send in the DJP with the death certificate?

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. 

Land_Registry

MayQueen - updating the register makes a difference but you could, if you wished, do nothing until you need to e.g. property is to be sold or transferred at some point in the future.
The death is sadly factual so the register can be updated or a copy of the death certificate submitted along with a later application for example. We tend to recommend updating it now as people often look to put their personal affairs in order re such matters all in one go. Part of managing the death/bereavement alongside the practical needs such as bank accounts, property, doctors etc etc
The form A restriction is a linked but to some extent separate issue. It too could be dealt with as and when needed, again on a sale for example. RX3 and ST5 would be needed in this scenario to show that your Mother is now the sole legal and beneficial owner and to have it removed.
So the simple answer is you can do nothing and leave the register as it is until such time as you need to update it. But for the reasons mentioned you/your Mother may feel that as you've come this far with the advice/forms now might be a good time to make the update.

MayQueen

Land_Registry said:

MayQueen - updating the register makes a difference but you could, if you wished, do nothing until you need to e.g. property is to be sold or transferred at some point in the future.
The death is sadly factual so the register can be updated or a copy of the death certificate submitted along with a later application for example. We tend to recommend updating it now as people often look to put their personal affairs in order re such matters all in one go. Part of managing the death/bereavement alongside the practical needs such as bank accounts, property, doctors etc etc
The form A restriction is a linked but to some extent separate issue. It too could be dealt with as and when needed, again on a sale for example. RX3 and ST5 would be needed in this scenario to show that your Mother is now the sole legal and beneficial owner and to have it removed.
So the simple answer is you can do nothing and leave the register as it is until such time as you need to update it. But for the reasons mentioned you/your Mother may feel that as you've come this far with the advice/forms now might be a good time to make the update.

Thank you, I will advise mum and help her to do that now. 

MayQueen

Land_Registry said:

MayQueen - updating the register makes a difference but you could, if you wished, do nothing until you need to e.g. property is to be sold or transferred at some point in the future.
The death is sadly factual so the register can be updated or a copy of the death certificate submitted along with a later application for example. We tend to recommend updating it now as people often look to put their personal affairs in order re such matters all in one go. Part of managing the death/bereavement alongside the practical needs such as bank accounts, property, doctors etc etc
The form A restriction is a linked but to some extent separate issue. It too could be dealt with as and when needed, again on a sale for example. RX3 and ST5 would be needed in this scenario to show that your Mother is now the sole legal and beneficial owner and to have it removed.
So the simple answer is you can do nothing and leave the register as it is until such time as you need to update it. But for the reasons mentioned you/your Mother may feel that as you've come this far with the advice/forms now might be a good time to make the update.

Hello
I have been completing the forms DJP, RX3 and ST5. I am a little unsure about what to put in box's 3 and 4 on the form ST5. In box 3 should it be written something about confirmation of the death of my dad and that mum is now sole legal and beneficial owner? and in box 4, confirmation that mum is remaining/surviving registered owner and no other now has a beneficial interest in the property? I have tried searching for what I should write in these box's, but would appreciated your help again! 

Land_Registry

MayQueen said:

Land_Registry said:

MayQueen - updating the register makes a difference but you could, if you wished, do nothing until you need to e.g. property is to be sold or transferred at some point in the future.
The death is sadly factual so the register can be updated or a copy of the death certificate submitted along with a later application for example. We tend to recommend updating it now as people often look to put their personal affairs in order re such matters all in one go. Part of managing the death/bereavement alongside the practical needs such as bank accounts, property, doctors etc etc
The form A restriction is a linked but to some extent separate issue. It too could be dealt with as and when needed, again on a sale for example. RX3 and ST5 would be needed in this scenario to show that your Mother is now the sole legal and beneficial owner and to have it removed.
So the simple answer is you can do nothing and leave the register as it is until such time as you need to update it. But for the reasons mentioned you/your Mother may feel that as you've come this far with the advice/forms now might be a good time to make the update.

Hello
I have been completing the forms DJP, RX3 and ST5. I am a little unsure about what to put in box's 3 and 4 on the form ST5. In box 3 should it be written something about confirmation of the death of my dad and that mum is now sole legal and beneficial owner? and in box 4, confirmation that mum is remaining/surviving registered owner and no other now has a beneficial interest in the property? I have tried searching for what I should write in these box's, but would appreciated your help again! 

Essentially yes. Focus on the guidance in PG 6 section 7 and the listed bullet points. Take each bullet point at a time and use that to frame your statements, using the relevant facts to make them specific to your scenario. You may be trying to over think it by trying to add too much extra detail 
The bullet points give you a possible framework but the statement of truth has to include actual facts