Do I really require a solicitor for title transfer

swissfil

Hi all,

Just trying to get some clarification on the situation below. If I am selling my share what added value will a solicitor bring me. Been qtd £1200 for this process !

The story:

-              My mother and stepfather were married for 35 yrs. Mum died Aug 2023, and probate has been granted on 11th March. I have inherited 25% of a property she jointly owned (50/50) with my Stepfather, there is no mortgage. He is in a position to buy me out of my share and this has been agreed. He is not a beneficiary of her will – their finances were kept separate.

-              Total value of house appx £820,000 leaving my share appx £205,000

-              Exact transfer/sale value to be formally agreed, valuations/survey happening in next few weeks.

-              Stepfather (executor of Mums will) has a solicitor who is also an executor of the will, and she will be overseeing the transfer/sale - but not for me obvs due to conflict of interests.

-              The proposal from the probate solicitor is quoted thus:

“so, the proposal would be that before the sale, we place your mother’s half share of the property into your names as beneficiaries – probably only as a paper exercise rather than changing the Land Registry title. This means that if capital gains tax applies you will pay less tax than if the estate paid”

So:

Do I really need legal representation here? - obvs all the solicitors I have spoken to have said yes, so I thought I would test the waters in the forum. As the transfer on paper enables her to assent the property to my brother and I (beneficiaries of the will) and then change title at land registry to my Step dad after funds transfer, I cannot imagine where and how my legal representative would be involved?

Only reasons I can think are:

1 Stepdad not allowed to transfer funds direct to me.

2 Solicitor not allowed to transfer funds direct to me.

Any ideas as i'd really like to save a grand+ in fees!

Thx in advance

Land_Registry

Getting legal advice and assistance is always to be recommended if you are uncertain of what’s required legally 
From a purely registration perspective the legal ownership, if registered in their joint names, has passed to your step father on her sad death. No transfer is required. 

For that reason probate would not be needed re the property as registered. The legal ownership doesn’t form part of her estate. So I assume it’s needed to deal with other aspects of her estate. 

A probate solicitor can be different from a conveyancing solicitor so it might be worth asking for clarification re the need to transfer the legal ownership, even if just a paper exercise that’s not then registered? 

The key seems to be the buy out re the beneficial share. That’s very separate from the registration requirements so not something we can advise you on. 

Continuing the registration only theme and from step father’s perspective the next step, after any buy out, is to update the register and, if the register refers to a form A/joint proprietor restriction, to also apply to cancel that - see our PG for guidance 
https://www.gov.uk/government/publications/devolution-on-the-death-of-a-registered-proprietor

swissfil

Land_Registry said:

Getting legal advice and assistance is always to be recommended if you are uncertain of what’s required legally 
From a purely registration perspective the legal ownership, if registered in their joint names, has passed to your step father on her sad death. No transfer is required. 

For that reason probate would not be needed re the property as registered. The legal ownership doesn’t form part of her estate. So I assume it’s needed to deal with other aspects of her estate. 

A probate solicitor can be different from a conveyancing solicitor so it might be worth asking for clarification re the need to transfer the legal ownership, even if just a paper exercise that’s not then registered? 

The key seems to be the buy out re the beneficial share. That’s very separate from the registration requirements so not something we can advise you on. 

Continuing the registration only theme and from step father’s perspective the next step, after any buy out, is to update the register and, if the register refers to a form A/joint proprietor restriction, to also apply to cancel that - see our PG for guidance 
https://www.gov.uk/government/publications/devolution-on-the-death-of-a-registered-proprietor

Thx for this LR

I am aware of what needs doing that is my point. I am capable of filling in a TP1 and AP1 having them witnessed and sending to my Stepdads solicitor or to LR.
The inherited share of the property to my self and my brother will be assented before the transaction takes place giving us title on paper. This process is part of probate and responsibility lies with the probate solicitor upto this point. But after that the "conveyancing" that my stepdads solicitor will take on is not part of probate anymore.
I am just asking what a legal representative would add if anything to my side of the transaction. No one can answer me and It was only after speaking to a local conveyancing firm that I was told-  well you don't really need a solicitor you could do it yourself.!

thx in advance

theartfullodger

You don't need solicitor: Tell us about your experience and training in conveyancing, legal expertise, please??

swissfil

theartfullodger said:

You don't need solicitor: Tell us about your experience and training in conveyancing, legal expertise, please??

I have used a TP1 before. This really isn't a conveyancing process, it is simply transfer of part title for an agreed price. I do not understand what would I be risking if I completed the forms myself. It is a paperwork exercise that is not in any way complicated.
No one can seem to tell me what might go wrong! I'm all ears really, if I have to pay legal costs then hey I'll pay. But if I don't have to, then why should I. 

TBG01

swissfil said:

theartfullodger said:

You don't need solicitor: Tell us about your experience and training in conveyancing, legal expertise, please??

 It is a paperwork exercise that is not in any way complicated.

Yet you've got the basic bit wrong.

If you've really used a TP1 before then you'll know it's not used for what you're looking to do. 

swissfil

TBG01 said:

swissfil said:

theartfullodger said:

You don't need solicitor: Tell us about your experience and training in conveyancing, legal expertise, please??

 It is a paperwork exercise that is not in any way complicated.

Yet you've got the basic bit wrong.

If you've really used a TP1 before then you'll know it's not used for what you're looking to do. 

Thx for pointing that out, I thought a TP1 was for transfer of part of a property at least that Is what I used it for last time! Please tell me which form I should be using.
many thx

user1977

Part of a property as in e.g. building a wall down the middle of the house and taking the left half...not transferring a % share in the ownership of the whole title.

swissfil

Done more research and as I thought I do not require a solicitor after all, this is an equity transfer on paper not a physical part of a property, Thx for pointing that out TBG01!
Thx for all your input though.