Immediate post death interest updating the register

cherry76

Upon first death can the survivor add the name of the trustees who are also the beneficiaries to the tittle deed? Can it be DIY or need to go through a solicitor?  Thanks

getmore4less

Yep DIY is explained on the land registry site,
Not necessary but can avoid probate for second death which can be handy sometimes.

cherry76

Quite happy to have a go myself as have watched the LR video and have seen the forms.  Only issue is ID for three people.  Solicitor is charging £25 per id and I was thinking he might as well do it depending how much more he will charge for that service.

poppystar

I’d second what @getmore4less says re probate. It isn’t just possibly not needing it on second death. While there may be pros and cons, and these were considered after first death, I would be in the position now of not being able to sell the house after second death because my application is stuck (and has been for months) in the probate process with no sign of movement and so I would probably have lost my buyer by now. So pleased we changed the Land Registry documents!

Just wondering too if Land Registry might now have a free way of securely uploading ID as I found certain banks have. Apologies if you have already investigated this.

cherry76

Thanks your advice is to update the land registry on first date. LR will not ask for probate on second death.

cherry76

Just need some some advice regarding declaration of trust and what to tick

Option 2 to hold property as tenants in common in equal shares but it will not be in equal shares as surviving spouse will hold 50% and the other two 25% each. 3 option to hold property in trust.  So which option should I really tick pl? There is also the possibility that probate might be avoided if action is taken now by surviving spouse to transfer. There is also the option of doing nothing now but on second death probate will be required.

getmore4less

Need to check with the land reg what they want  because the situation is TIC 50:50 with one 50% being a trust with trustees as legal owner
End result is probably 3 legal owners with a form A restriction.
Property held as a trust anyway

cherry76

getmore4less said:

Need to check with the land reg what they want  because the situation is TIC 50:50 with one 50% being a trust with trustees as legal owner
End result is probably 3 legal owners with a form A restriction.
Property held as a trust anyway

There is already a form A restriction on this property.  LR advice to see solicitors as they do not advice on trust.  Will see one for advice when permitted.  Thanks

getmore4less

there is not much to say about the trust if it is a standard IPDI one, that exists 
Its what needs filling in the on the forms to make it 
which form are you not sure about?

Savvy_Sue

cherry76 said:

getmore4less said:

Need to check with the land reg what they want  because the situation is TIC 50:50 with one 50% being a trust with trustees as legal owner
End result is probably 3 legal owners with a form A restriction.
Property held as a trust anyway

There is already a form A restriction on this property.  LR advice to see solicitors as they do not advice on trust.  Will see one for advice when permitted.  Thanks

I know some local solicitors are still working: meetings over Zoom like the rest of us. I don't know how they are dealing with ID-ing clients, but you don't necessarily have to wait. Especially as it may be a long wait, with a long queue of others who have waited ...