Land Registry steps for passing on house in will to grandson that is registered in joint names

JaneCarl

Hello

My father has died and has bequeathed his house to his grandson in his will.   However the property is in joint names with my sister and I (deceased mother's portion held in trust for the grandson).

So I think the steps are 1. Complete the Land Registry DJP to remove my father's name from the register.  2. Complete form TR1 to transfer to the whole of the registered title to his grandson.  3. Complete form AP1 to change the register.  Plus ID1 for ID purposes.  Can anyone confirm this?

Thanks so much!

Keep_pedalling

You need to be careful here, is the grandson a minor? If so his share would have to go into trust. You should also be aware that if he has never owned property before then transferring the house to him (or a trust for him) will undo his first time buyer status which will cost him thousands in tax when he comes to buy his first home.

Are you planning to sell the house?

Land_Registry

JaneCarl said:

Hello

My father has died and has bequeathed his house to his grandson in his will.   However the property is in joint names with my sister and I (deceased mother's portion held in trust for the grandson).

So I think the steps are 1. Complete the Land Registry DJP to remove my father's name from the register.  2. Complete form TR1 to transfer to the whole of the registered title to his grandson.  3. Complete form AP1 to change the register.  Plus ID1 for ID purposes.  Can anyone confirm this?

Thanks so much!

If the property is in your 3 names you don’t need form DJP. When you transfer the legal ownership from the two of you to grandson then you lodged AP1, TR1 and ID1s as stated plus death certificate for Father. 

Form DJP is a standalone application form. As you are using form AP1 re the transfer you don’t need form DJP
Note - grandson being a minor comment is correct. But if now an adult the transfer can take place 

Mojisola

Does he want to live in the house?

If not, have the executors thought about selling the property and the grandson receiving the proceeds?

Keep_pedalling

Land_Registry said:

JaneCarl said:

Hello

My father has died and has bequeathed his house to his grandson in his will.   However the property is in joint names with my sister and I (deceased mother's portion held in trust for the grandson).

So I think the steps are 1. Complete the Land Registry DJP to remove my father's name from the register.  2. Complete form TR1 to transfer to the whole of the registered title to his grandson.  3. Complete form AP1 to change the register.  Plus ID1 for ID purposes.  Can anyone confirm this?

Thanks so much!

Note - grandson being a minor comment is correct. But if now an adult the transfer can take place 

Although the transfer can take place it might be an expensive mistake to actually do it. 

getmore4less

Most likely a life interest trust

On death of the grandfather the beneficial interest of the trust will have passed to the grandson.

For IHT it will be as if the grandfather owned the whole property.

getmore4less

Mojisola said:

Does he want to live in the house?

If not, have the executors thought about selling the property and the grandson receiving the proceeds?

The legal owners of the property are now the trustees of the trust.

They have total control over the asset the executor(s) of the grandfather don't need to be involved, they don't have any legal interest in the property.