Transferring Registered Title (due to death, not need to sell)

Heliocentric

Hello,

My mum passed away last year and my dad is in a care home (has alzheimer's, I am his deputy for property and affairs). They held the house together as tenants in common. I have lived in the house all of my life and want to continue living here. I am the executor of my mum's Will and the sole beneificary.

I've been told by the land registry that to transfer the title, I need forms TR1, AP1 and something relating to Identification. I have to also provide the LPA (Deputyship), Death Certificate and/or Probate.

On form TR1 part 9, it gives the option 'transferor transfer with 'full title guarantee' or 'limited title guarantee'. Which one do I pick? I know everything there is to know about the house - more than my parents did. I read today that because I am an executor and I have never held the deeds, I have to always put 'limited title guarantee'. Is that true?

Thanks.

Yorkie1

Is it just your mother's half which you will be transferring?

Keep_pedalling

There is actually no hurry to do this. From your previous thread you were planning to carry on living there so you could simply leave this until your father passes and you inherit his share. This will mean only having to apply once instead of once for each share.

Heliocentric

Yorkie1 said:

Is it just your mother's half which you will be transferring?

I will transfer my mother's half to my name but I think I have to still transfer my father's half to his own name. It's odd but I think that's how it works. I can't 'part' transfer.

Heliocentric

Keep_pedalling said:

There is actually no hurry to do this. From your previous thread you were planning to carry on living there so you could simply leave this until your father passes and you inherit his share. This will mean only having to apply once instead of once for each share.

Yes, I do want to carry on living here - in fact I have to due to my dad's care. I would just rather it was official, especially for things like House Insurance. I can't lie and say I own the house.

Bookworm105

full title guarantee = there is no financial charge secured against the property 
limited title guarantee = there is one or more financial charge(s) secured against the property 

- does the care home / council have a charge against the property in respect of father's care fees?
- is there an o/s mortgage?
- any other loans secured against the property?

one assumes parents owned the property as tenants in common since you mention a will and that mother made you her sole beneficiary so must have owned a defined share of the property rather than owning as joint tenants.


Guidance: how to complete form TR1 - GOV.UK (www.gov.uk)

Heliocentric

No mortgage since 2003. No loans at all. I don't know what a charge against the property in respect of father's fees means? The local authority help pay for his care. It's not connected to the house.

I mentioned in the OP that it's held as tenants in common, yes.

I've read the 'how to' guidance already, that's why I've asked this question. Most of the form has been filled out apart from this bit. I asked on a different forum and they said a solicitor told them that even though they know the property well (they had a deceased uncle), managed his finances and lived next door, they still cannot guarantee 100% there is no charge and they have never held the deeds in their name so it's 'limited title'. I was going to put 'full title' until I read that.

Tiglet2

You are transferring the title with full title guarantee.

The Transfer is currently "Mum and Dad" and you want it to be transferred to "You and Dad" (i.e. you want You and Dad's name on the updated title. 

You are not transferring the property (after dad passes away) as an Executor to an unconnected buyer.  For example, if you were selling the property to an unconnected buyer and you were unable to answer a lot of the enquiries raised by their solicitor, because you didn't live in the property and don't know the answers, that would be a sale with limited title guarantee, i.e. you don't know the property, don't know the answers to your enquiries, can't provide paperwork or warranties.

Heliocentric

Perfect. Thank you very much, Tiglet2!