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Assent or transfer?

BongoW
Posts: 18 Forumite
My father passed away in September, my sister and I were executors of his will and we have sorted and been granted probate. My parents were separated and lived apart, but owned the family home (where my Mum lives) as tenants in common. In our Dad’s will, he left his 50% share of the house to my sister and I equally, but after researching what to do with the Land Registry we are pretty confused. Is this considered a transfer or an assent of property? Any advice would be most welcome and any pointers in the direction of which forms to complete would be great. It’s a bit more complicated than we expected. Thanks!
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Comments
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Your mother now becomes sole legal owner (but her equitable interest is 50%).
https://www.land-registry-documents.co.uk/information/joint-ownership-tennants/
Does your father's will leave her an interest in possession?
If not, you and your sister could ask your mother about registering the property with you and your sister added to the property as joint proprietors with her, owning as Tenants-in-Common.
The Form A restriction would remain.
If there is an IIP, you might be registered as X and Y, Trustees of the AB Will Trust.
You could check with a conveyancing solicitor.
https://hmlandregistry.blog.gov.uk/2016/08/16/legal-estates-beneficial-interests-whats-difference/
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