Land Registry form query

RichmondLR

Help please with Land Registry forms. My Dad and Mum owned a flat as tenants in common. Dad has died and I am executor, I have obtained Grant of Probate. The flat now needs to be just in mums name. Am I right that forms TR1 and AP1 are required plus ID1 for both myself as executor and my mum as transferee? There’s a form AS1 that could be used instead of the TR1. Bit confusing so advice please.

p00hsticks

calling @Land_Registry for assistance - thank you

RAS

Did dad leave his portion directly to mum, or did he leave it to someone else with a life interest trust to protect mum?

Land_Registry

RichmondLR said:

Help please with Land Registry forms. My Dad and Mum owned a flat as tenants in common. Dad has died and I am executor, I have obtained Grant of Probate. The flat now needs to be just in mums name. Am I right that forms TR1 and AP1 are required plus ID1 for both myself as executor and my mum as transferee? There’s a form AS1 that could be used instead of the TR1. Bit confusing so advice please.

If they were registered as joint owners then the legal ownership has passed to Mum as the surviving owner. No transfer or probate is required re the property. Form DJP and death certificate is sufficient to update the register
If there is a form A restriction on the register to protect the trust/tenants in common, and she is now the sole beneficial owner as well, then forms RX3 and ST5.
See PG 6 for guidance re both forms etc - Practice guide 6: devolution on the death of a registered proprietor - GOV.UK (www.gov.uk) 

RichmondLR

Thank you all. The flat is registered tenants in common. 50% dad 50% mum. Dads 50% passes to mum under his will so she will end up with 100%. It doesn’t pass directly by survivorship as not joint tenancy.  I will have another look at the forms.

Land_Registry

RichmondLR said:

Thank you all. The flat is registered tenants in common. 50% dad 50% mum. Dads 50% passes to mum under his will so she will end up with 100%. It doesn’t pass directly by survivorship as not joint tenancy.  I will have another look at the forms.

You need to separate out the legal ownership, which we register, and their beneficial ownerships. The TIC/50/50 split relates to their beneficial ownerships
The legal ownership can't be split and always stays as a WHIOLE. So if one joint owner dies, irrespective of TIC or not, the legal ownership passes to the surviving owner to deal with. They still have to take account of the split re beneficial ownership but as far as updating the register re the death is concerned you don't need probate and you don;t need to transfer/assent the legal ownership
Please do seek legal/financial advice as appropriate to consider what's best' and what may happen in the future and how that can impact on the legal and beneficial ownership. The forms don't tell you what's best. They simply enable you to do whatever is decided. 

RichmondLR

Ok thank you Land-Registry that makes sense now. I was thinking it was a harder process than it needed to be. I now see form DJP is needed to update the register as per your previous advice. 😁