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Got Probate, now to transfer house to surviving spouse ? - AS1 / AP1 form

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bob_a_builder
bob_a_builder Posts: 2,358 Forumite
Part of the Furniture 1,000 Posts Name Dropper
edited 16 April 2024 at 8:42PM in Deaths, funerals & probate
The house was registered in only the deceased's name,  now need to transfer to the surviving spouses name ( the beneficiary in the will)
Q1:
Well firstly, Is it actually a requirement to transfer it now ? 
Or could it be left to some point in the future when the house would be sold on the demise of the surviving spouse ?

Q2
Assuming that it needs to be transferred now, I'm not sure how to complete pane 9 of AS1
i.e "The personal representative transfers ..." 
There are 2 options  -
1 - full title guarantee , 2 limited title guarantee 

I have the current official copy of register of title and there are some reserved rights and covenant mentioned 
The covenants listed in the C section "Charges Register relate to not selling alcohol, allowing access to electricity board for cables , and another unspecified restrictive covenant 
again each of these entries say "copy filed under xxxx"  or Note Original filed

We are not seeking to change any or those or add any new covenants - just do a simple name transfer 
So should I tick option 1 full title or option 2  ?

Q3
AS1 pane 11  - It says here  "insert any required ,,,,, agreed covenants .... etc"
Are you expected to repeat all those existing covenants as listed in the Charges register of the current registration ?
Or will those just be transferred across as is from existing registration and I should leave this section blank ?

p.s  I have already referred to the helpful Land Registry video on AS1 
https://www.youtube.com/watch?v=N_jyik_uQQY&ab_channel=HMLandRegistry

Thanks in advance for any help you can give

Comments

  • Flugelhorn
    Flugelhorn Posts: 7,343 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    "Q1:
    Well firstly, Is it actually a requirement to transfer it now ? 
    Or could it be left to some point in the future when the house would be sold on the demise of the surviving spouse "

    this certainly happened with my parents - father died 20 years before mother, I was only peripherally involved in admin when he died as mother didn't like to change things. 
    When she died and I was exec I found that the house was still registered in both names - I sold the property, gave the probate for mother and death cert for father to the solicitor who didn't batt an eyelid and it all went through easy peasy .
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