Transferring house left in Trust on Land Register/Deeds

mantyG

Hi
My Dad died 6 weeks ago. In his Will he created a property Trust, with my brother and I as Trustees, giving my mum the right to remain living there for the rest of her life, which I know if common practice.  
However, we are unsure as to what we need to do legally, going forward.
I presume we need to get the Land Registry and the deeds of the house updated to reflect the existence of the Trust?
I'm also getting conflicting information as to whether we need Probate. The bank says we do not need probate because their cut off point is £50,000 and he has less than that (we don't have access to his account to know how much). I have been told that because the house is now in a Trust we don't need Probate for that, is this correct?
Is it easy to update the Land Register ourselves or do we need a solicitor for this?

Keep_pedalling

Was the house jointly owned or just in his name? If the latter you need probate, if jointly held you don’t. 

There is no legal obligation to make any changes to the LR at this point although it may be wise to do so. There is a legal obligation to register the trust with HMRC within two years of his death.

mantyG

Thanks.
The house was in joint names (mum's and dads) and it is registered as tenants in common, so it's just his half of the house we're talking about.

Willeri

Although the Will says his share is to pass into trust, the trust for his share needs establishing correctly, this involves removal of his name at LR (if is registered, deeds irrelevant) and replacing with trustees names (TR1 form) and trust registering with HMRC via their TRS within 2 years. This is best done now and by professional estate administration to get done right, not necessarily by a Solicitor, eg  if mum needs care in future so his share is not taken into account, which may be reason that Will type was done for. Probate may be needed by LR for property register alteration, and/or if any savings balance is over any bank/building society own limit (can be £5k to £50k). 

mantyG

Thanks.
Savings balance is not over the Bank's limit, which is £50,000, so we don't need probate for that. It's just the updating of the Land Registry that needs doing, I think.  Yes, I imagine that was the reason the Will was written like this, because they saw my Nan's house go to pay her care fees.