Property Trust - change of title

lovedogs21

I am joint executor of a will for an unmarried couple and the male partner has died. Probate has been completed and the deceased share is being placed into a trust. The property is registered and was joined jointly 50% by both partners. I am related to the surviving female partner who is also an executor and we are joint trustees. The solicitors want to charge almost £1000 for changing the land registry title into the trust. This seems a very high cost to us. @landregistry and others does this seem a reasonable cost or could it be done by one or both executors without using this solicitor?

Keep_pedalling

Is this an immediate post-death interest trust giving the surviving partner a life interest in his share?

The price does seem rather high and it is something the trustees can do themselves. The other task you have is to register the trust with HMRC.

pollywantacracker

If I am understanding correctly they were tenants in common rather than joint tenants and the deceased share is to be placed in a will trust.

I am in the same situation and when I discussed it with the Solicitor there was no immediate need to update the land registry, and it can be handled at the point if the house is ever sold or if the remaining party passes away.

I hope this helps.

Land_Registry

lovedogs21 said:

I am joint executor of a will for an unmarried couple and the male partner has died. Probate has been completed and the deceased share is being placed into a trust. The property is registered and was joined jointly 50% by both partners. I am related to the surviving female partner who is also an executor and we are joint trustees. The solicitors want to charge almost £1000 for changing the land registry title into the trust. This seems a very high cost to us. @landregistry and others does this seem a reasonable cost or could it be done by one or both executors without using this solicitor?

There’s lots of ways of dealing with the beneficial shares, meaning the % split. But the land register deals primarily with the legal ownership and that can’t be split. 

That’s why when joint owners create wills/trusts/%shares then they often become tenants in common and/or apply for a form A restriction to protect the trust/split. 

For example if joint owners, they’d made the arrangements you refer to, registered a form A restriction then on the death of one it may just need to be updated re the names - see form DJP and online guidance on how to do that. Probate wasn’t needed for the property but often is for his wider estate

That doesn’t cost £1K so I’d imagine the fee is for their professional advice re the will/trust and what happens next or they’re suggesting you register the death and transfer the legal ownership from the surviving owner to herself plus you. 

What you really need to be asking yourselves is what do we need to do to protect the trust? And if it’s already protected do we need to do anything else or just update the register re the death? 

Every scenario differs because of the wills/trust/% split so it’s the advice of others whose circumstances match your own or legal advice you really need here. Or ask the solicitor what they really mean by changing it into the trust