House Ownership 20 July at 2:34PM in Deaths, Funerals & Probate 2 replies 231 views

Hitting

If a husband and wife own a house as tenants in common and one dies,leaving a mirror will stating that the deceased half of house is to be held in trust by trustees,allowing surviving spouse access etc......what is the process of modifying house title deeds to reflect change in ownership, and does it require the services of a solicitor?

pphillips

Try asking on the land registry forum for the correct procedure.
If the house is leasehold or there is a legal charge such as a mortgage, a change in ownership will most definitely need the services of a solicitor/conveyancer.

xylophone

https://www.marlowwills.co.uk/life-interest-in-possession-trusts.aspx
https://hmlandregistry.blog.gov.uk/2016/08/16/legal-estates-beneficial-interests-whats-difference/

If held as TiC, there will already be a Form A restriction which will remain - however,  the Trustees may not regard this as sufficient protection so might wish to look to register another type of restriction/be registered as proprietors as Trustees of the Will Trust?
https://forums.moneysavingexpert.com/discussion/comment/77397385#Comment_77397385