Land registry

Theonell

My wife's mother has passed away and she has inherited her mums property what do we need to do to transfer the property into my wife's name on the land registry and what documents would we require to send / complete

canaldumidi

Who is/are the Executor(s)?

Has Probate been granted?

Who is/are the Beneficiaries?

What is the value of the estate and has IHT been paid (if applcable)?

Is rhere a mortgage?

Theonell

canaldumidi said:

Who is/are the Executor(s)?

Has Probate been granted?

Who is/are the Beneficiaries?

What is the value of the estate and has IHT been paid (if applcable)?

Is rhere a mortgage?

My wife is the executor and sole beneficiary there is no mortgage the value of the estate is under IHT and we are waiting for probate to be granted

canaldumidi

When a sole owner dies

When the sole owner of a property has died, the property is normally transferred to either:

• the person inheriting the property (known as ‘the beneficiary’)
• a third party, for example someone buying the property

If you transfer to a beneficiary

To transfer a property to a beneficiary, download and fill in the following forms:

• ‘Change the register’ (sometimes known as form AP1)
• ‘Whole of registered title: assent’ (sometimes known as form AS1)

You must also send:

• the original or an official copy of the grant of probate or letters of administration
• the Stamp Duty Land Tax certificate or self-certificate, or Land Transaction Tax certificate for properties sold in Wales on or after 1 April 2018 (if tax was paid on the property)
• a fee - check the fee calculator

The beneficiary must fill in ‘Verify identity: citizen’ (sometimes known as form ID1). You’ll also need to complete the form if you’re transferring the property and you’re not the executor.

Note temporary covid-related process for verifying ID1 hee.

Send all the completed forms and supporting documents to HM Land Registry.

https://www.gov.uk/update-property-records-someone-dies

Land_Registry

Theonell said:

canaldumidi said:

Who is/are the Executor(s)?

Has Probate been granted?

Who is/are the Beneficiaries?

What is the value of the estate and has IHT been paid (if applcable)?

Is rhere a mortgage?

My wife is the executor and sole beneficiary there is no mortgage the value of the estate is under IHT and we are waiting for probate to be granted

If she was the sole registered owner then your wife can transfer (form AS1) as the executor to herself as the beneficiary
https://customerhelp.landregistry.gov.uk/guide-page-external/?stepid=2a7a55c0-8e82-eb11-a812-000d3ad48f95&kbonly=true&setanswer=
Evidence of identity is not required as she is the named executor and only party involved 

babyblade41

Quick question for the LR pro.  
My MIL would like to gift a small parcel of land roughly half an acre from a 7 acre plot . Now I know a TP1 will be needed but how/who plots the actual boundary to get an accurate plan.

Theonell

Land_Registry said:

Theonell said:

canaldumidi said:

Who is/are the Executor(s)?

Has Probate been granted?

Who is/are the Beneficiaries?

What is the value of the estate and has IHT been paid (if applcable)?

Is rhere a mortgage?

My wife is the executor and sole beneficiary there is no mortgage the value of the estate is under IHT and we are waiting for probate to be granted

If she was the sole registered owner then your wife can transfer (form AS1) as the executor to herself as the beneficiary
https://customerhelp.landregistry.gov.uk/guide-page-external/?stepid=2a7a55c0-8e82-eb11-a812-000d3ad48f95&kbonly=true&setanswer=
Evidence of identity is not required as she is the named executor and only party involved 

So we only need to fill in the AS1 form and and send these to the Land Registry not AP1 and ID1 forms, will we need to send the Grant of Probate as evidence and of course the fee.

canaldumidi

babyblade41 said:

Quick question for the LR pro.  
My MIL would like to gift a small parcel of land roughly half an acre from a 7 acre plot . Now I know a TP1 will be needed but how/who plots the actual boundary to get an accurate plan.

You'll need to attach Plans showing where the boundary of each plot (the original now smaller one, and the new one) are.

If you can do this yourself clearly, tothe LR satisfaction, fine. If not employ an RICS surveyor.

https://www.gov.uk/government/publications/registered-titles-part-transfer-tp1

(Note, best to start your own thread rather than hijack someone else's and confuse people over the question/answer.

Land_Registry

Theonell said:

Land_Registry said:

Theonell said:

canaldumidi said:

Who is/are the Executor(s)?

Has Probate been granted?

Who is/are the Beneficiaries?

What is the value of the estate and has IHT been paid (if applcable)?

Is rhere a mortgage?

My wife is the executor and sole beneficiary there is no mortgage the value of the estate is under IHT and we are waiting for probate to be granted

If she was the sole registered owner then your wife can transfer (form AS1) as the executor to herself as the beneficiary
https://customerhelp.landregistry.gov.uk/guide-page-external/?stepid=2a7a55c0-8e82-eb11-a812-000d3ad48f95&kbonly=true&setanswer=
Evidence of identity is not required as she is the named executor and only party involved 

So we only need to fill in the AS1 form and and send these to the Land Registry not AP1 and ID1 forms, will we need to send the Grant of Probate as evidence and of course the fee.

Yes - we also need the probate 

babyblade41

canaldumidi said:

babyblade41 said:

Quick question for the LR pro.  
My MIL would like to gift a small parcel of land roughly half an acre from a 7 acre plot . Now I know a TP1 will be needed but how/who plots the actual boundary to get an accurate plan.

You'll need to attach Plans showing where the boundary of each plot (the original now smaller one, and the new one) are.

If you can do this yourself clearly, tothe LR satisfaction, fine. If not employ an RICS surveyor.

https://www.gov.uk/government/publications/registered-titles-part-transfer-tp1

(Note, best to start your own thread rather than hijack someone else's and confuse people over the question/answer.

Thanks @canaldumidi. I got it sorted now & got confused with the LR thread 

I plotted the plan OK & then handed everything over to my solicitor  to do the rest 

Theonell

Land_Registry said:

Theonell said:

canaldumidi said:

Who is/are the Executor(s)?

Has Probate been granted?

Who is/are the Beneficiaries?

What is the value of the estate and has IHT been paid (if applcable)?

Is rhere a mortgage?

My wife is the executor and sole beneficiary there is no mortgage the value of the estate is under IHT and we are waiting for probate to be granted

If she was the sole registered owner then your wife can transfer (form AS1) as the executor to herself as the beneficiary
https://customerhelp.landregistry.gov.uk/guide-page-external/?stepid=2a7a55c0-8e82-eb11-a812-000d3ad48f95&kbonly=true&setanswer=
Evidence of identity is not required as she is the named executor and only party involved 

I completed the AS1 form as suggested as my mother in law was the sole registered owner and my wife being the executor and beneficiary. However, I have now been told by the land registry department that we need to complete the AP1 form as well.