Form AP1 - Panel 4 - Do you pay the full fee even if you're only transferring a share?

sheramber

Heliocentric said:

Land_Registry said:

Heliocentric said:

Hello,

I am, as an executor of my mum's will, transferring the title of a house to my name and my father's name. I'm also applying on behalf of my dad as he has no capacity. They were tenants in common. I've contacted land registry and all is fine. I've filled out form TR1 already. I'm just a bit confused by form AP1.

I've just watched this video in which a woman transfers her title to include her husband. She gifts him his share. Then she writes 'transfer of share' in the application column of Panel 4.

But mine is an inheritance, not a gift. No money will be changing hands, nothing will be sold, no mortgage. I live here.

Is it still 'transfer of share'? Does it affect anything in terms of fees? Do I pay half of the fees because it's just my name being added (and my mum's name removed) or still full fees? Market value is £600k. 

Do I need to add 'removal of deceased's name' as one of the applications in AP1 or is it enough to have form TR1 specify everything?

Also it says there are reduced fees if you apply via the portal or business gateway but I don't understand what that is. I tried googling, I've seen the portal but is this something that is accessible to everyone or is this for business-related properties? I was under the impression we had to apply by post.

Thanks.

If they are joint owners then any transfer would be by your Father to himself plus you. 

Panel 4 of form AP1 can state Transfer of share, transfer by way of a gift or similar - it’s a transfer 
You then state the “Full market value is £X” and pay a scale 2 fee on half that current value 
It’s a postal only application for you
Panel 4 can also refer to “Death of joint owner” or similar and lodge certified copy of death certificate or probate as proof of death only 
You can’t transfer/assent a share in the sense that you, as her executor, can transfer/assent her half share. The legal ownership can only ever be transferred as a whole hence for example a transfer by Father to Father and Son 
Our guidance explains more re a transfer from owner to owner and beneficiary 
https://customerhelp.landregistry.gov.uk/guide-page-external/?stepid=c48ca216-8d82-eb11-a812-000d3ad48f95&kbonly=true&setanswer=

And as propertyrental suggests if you are trying to do this as an executor do consider getting legal advice as to what you can do here especially as you can’t transfer the legal ownership on your own as her executor and need to consider your Father’s lack of capacity and it’s impact 

Yes they are joint tenants in common.

Do I need to specify what the half share is as well or will they just calculate it to make sure it's correct?

Thanks for confirming about it being postal as well.

Transfer of share it is then! So I am not transferring on my mum's behalf, just transferring on behalf of my father to both of us.

I am his deputy and land registry have told me to send in the deputyship proof and proof of his ID (the form) that's it. So I'm going to go ahead with that. If they have an issue I will seek advice afterwards off the back of it. I just want to keep costs down.

I think I need to use a conveyancer or solicitor for the ID forms, though, unfortunately. They seem to only accept confirmation from people with very specific job titles, not sure why.

They were either joint tenants or tenants in common, not joint tenants in common.

Heliocentric

sheramber said:

Heliocentric said:

Land_Registry said:

Heliocentric said:

Hello,

I am, as an executor of my mum's will, transferring the title of a house to my name and my father's name. I'm also applying on behalf of my dad as he has no capacity. They were tenants in common. I've contacted land registry and all is fine. I've filled out form TR1 already. I'm just a bit confused by form AP1.

I've just watched this video in which a woman transfers her title to include her husband. She gifts him his share. Then she writes 'transfer of share' in the application column of Panel 4.

But mine is an inheritance, not a gift. No money will be changing hands, nothing will be sold, no mortgage. I live here.

Is it still 'transfer of share'? Does it affect anything in terms of fees? Do I pay half of the fees because it's just my name being added (and my mum's name removed) or still full fees? Market value is £600k. 

Do I need to add 'removal of deceased's name' as one of the applications in AP1 or is it enough to have form TR1 specify everything?

Also it says there are reduced fees if you apply via the portal or business gateway but I don't understand what that is. I tried googling, I've seen the portal but is this something that is accessible to everyone or is this for business-related properties? I was under the impression we had to apply by post.

Thanks.

If they are joint owners then any transfer would be by your Father to himself plus you. 

Panel 4 of form AP1 can state Transfer of share, transfer by way of a gift or similar - it’s a transfer 
You then state the “Full market value is £X” and pay a scale 2 fee on half that current value 
It’s a postal only application for you
Panel 4 can also refer to “Death of joint owner” or similar and lodge certified copy of death certificate or probate as proof of death only 
You can’t transfer/assent a share in the sense that you, as her executor, can transfer/assent her half share. The legal ownership can only ever be transferred as a whole hence for example a transfer by Father to Father and Son 
Our guidance explains more re a transfer from owner to owner and beneficiary 
https://customerhelp.landregistry.gov.uk/guide-page-external/?stepid=c48ca216-8d82-eb11-a812-000d3ad48f95&kbonly=true&setanswer=

And as propertyrental suggests if you are trying to do this as an executor do consider getting legal advice as to what you can do here especially as you can’t transfer the legal ownership on your own as her executor and need to consider your Father’s lack of capacity and it’s impact 

Yes they are joint tenants in common.

Do I need to specify what the half share is as well or will they just calculate it to make sure it's correct?

Thanks for confirming about it being postal as well.

Transfer of share it is then! So I am not transferring on my mum's behalf, just transferring on behalf of my father to both of us.

I am his deputy and land registry have told me to send in the deputyship proof and proof of his ID (the form) that's it. So I'm going to go ahead with that. If they have an issue I will seek advice afterwards off the back of it. I just want to keep costs down.

I think I need to use a conveyancer or solicitor for the ID forms, though, unfortunately. They seem to only accept confirmation from people with very specific job titles, not sure why.

They were either joint tenants or tenants in common, not joint tenants in common.

Pedantic but tenants in common.

Heliocentric

I am doing the right thing, this doesn't need further discussion but thanks for your concern. I just need help with the 2 things above - the correct calculation for 1/2 the fee and whether or not I need to send the deeds (panel 5 of this form).

Land Registry has also said I have to fill out ID1 or ID3 (for myself and for my father). Do I need to try to get a conveyancer first in order to do ID1 and then if I cannot, I do ID3? Or can I just opt to do ID3 because it's quicker and less costly to me? I've seen that if you can't use a conveyancer you can use ID3. It's not that I can't, it's that it's quicker and cheaper for me to just do ID3. Is that a valid reason to not do ID1?