Form AP1 and how to remove a name

Quidnunc13

Form AP1: removing a name

I've yet to find anyone else in this situation. I have sought professional help and every solicitor has either said they are too busy, do not handle the situation, or have failed to respond at all.

I need to get a name removed from the deeds of a house that I partly own.

When my parents died over ten years ago, the family house was inherited by myself, my son, and a family trust fund of which myself and my cousin were trustees. Myself, my son and my cousin were all named on the house deeds (as arranged by the solicitor handling probate). My cousin has stepped down as trustee, replaced by my son. We need to amend the deeds accordingly by removing my cousin's name. She is aware of this, wishes to be removed, and wants minimal involvement with the process.

I cannot see how to describe this on form AP1. There is no sale or transfer of funds. I don't understand the terminology (Transferer? Transferee?) and how to use it to say "remove this name."

I would love to hand this to a professional but cannot find one despite trying several different firms. The house is now on the market and we have to get it updated as a matter of urgency.

Is there a guide anywhere about this type of situation, or is there someone who can give me step by step advice? Most of AP1 is clear, it's just a couple of panels and how (who) to go about ID that I don't get.

Tiglet2

Quidnunc13 said:

Form AP1: removing a name

I've yet to find anyone else in this situation. I have sought professional help and every solicitor has either said they are too busy, do not handle the situation, or have failed to respond at all.

I need to get a name removed from the deeds of a house that I partly own.

When my parents died over ten years ago, the family house was inherited by myself, my son, and a family trust fund of which myself and my cousin were trustees. Myself, my son and my cousin were all named on the house deeds (as arranged by the solicitor handling probate). My cousin has stepped down as trustee, replaced by my son. We need to amend the deeds accordingly by removing my cousin's name. She is aware of this, wishes to be removed, and wants minimal involvement with the process.

I cannot see how to describe this on form AP1. There is no sale or transfer of funds. I don't understand the terminology (Transferer? Transferee?) and how to use it to say "remove this name."

I would love to hand this to a professional but cannot find one despite trying several different firms. The house is now on the market and we have to get it updated as a matter of urgency.

Is there a guide anywhere about this type of situation, or is there someone who can give me step by step advice? Most of AP1 is clear, it's just a couple of panels and how (who) to go about ID that I don't get.

Is there a mortgage on the property?

Why can't the property be transferred from all three currently on the title to the new buyer when the sale completes?

Quidnunc13

There is no mortgage. The house is not for sale. Two names were put on the deeds because they were trustees for the trust fund that partly owns the property. One of those is no longer a trustee, so no longer involved in the house ownership, and needs removing, but there is no financial transaction involved. I cannot see how AP1 handles the removal of a name when there is no property sale involved.

Quidnunc13

Tiglet2 said:

Quidnunc13 said:

Form AP1: removing a name

I've yet to find anyone else in this situation. I have sought professional help and every solicitor has either said they are too busy, do not handle the situation, or have failed to respond at all.

I need to get a name removed from the deeds of a house that I partly own.

When my parents died over ten years ago, the family house was inherited by myself, my son, and a family trust fund of which myself and my cousin were trustees. Myself, my son and my cousin were all named on the house deeds (as arranged by the solicitor handling probate). My cousin has stepped down as trustee, replaced by my son. We need to amend the deeds accordingly by removing my cousin's name. She is aware of this, wishes to be removed, and wants minimal involvement with the process.

I cannot see how to describe this on form AP1. There is no sale or transfer of funds. I don't understand the terminology (Transferer? Transferee?) and how to use it to say "remove this name."

I would love to hand this to a professional but cannot find one despite trying several different firms. The house is now on the market and we have to get it updated as a matter of urgency.

Is there a guide anywhere about this type of situation, or is there someone who can give me step by step advice? Most of AP1 is clear, it's just a couple of panels and how (who) to go about ID that I don't get.

Is there a mortgage on the property?

Why can't the property be transferred from all three currently on the title to the new buyer when the sale completes?

There is no sale.

Tiglet2

Quidnunc13 said:

Form AP1: removing a name

I've yet to find anyone else in this situation. I have sought professional help and every solicitor has either said they are too busy, do not handle the situation, or have failed to respond at all.

I need to get a name removed from the deeds of a house that I partly own.

When my parents died over ten years ago, the family house was inherited by myself, my son, and a family trust fund of which myself and my cousin were trustees. Myself, my son and my cousin were all named on the house deeds (as arranged by the solicitor handling probate). My cousin has stepped down as trustee, replaced by my son. We need to amend the deeds accordingly by removing my cousin's name. She is aware of this, wishes to be removed, and wants minimal involvement with the process.

I cannot see how to describe this on form AP1. There is no sale or transfer of funds. I don't understand the terminology (Transferer? Transferee?) and how to use it to say "remove this name."

I would love to hand this to a professional but cannot find one despite trying several different firms. The house is now on the market and we have to get it updated as a matter of urgency.

Is there a guide anywhere about this type of situation, or is there someone who can give me step by step advice? Most of AP1 is clear, it's just a couple of panels and how (who) to go about ID that I don't get.

Quidnunc13 said:

There is no sale.

That's not what you said in your opening post

user1977

Who has advised you that you need to register the change in trustees?

poseidon1

Quidnunc13 said:

Form AP1: removing a name

I've yet to find anyone else in this situation. I have sought professional help and every solicitor has either said they are too busy, do not handle the situation, or have failed to respond at all.

I need to get a name removed from the deeds of a house that I partly own.

When my parents died over ten years ago, the family house was inherited by myself, my son, and a family trust fund of which myself and my cousin were trustees. Myself, my son and my cousin were all named on the house deeds (as arranged by the solicitor handling probate). My cousin has stepped down as trustee, replaced by my son. We need to amend the deeds accordingly by removing my cousin's name. She is aware of this, wishes to be removed, and wants minimal involvement with the process.

I cannot see how to describe this on form AP1. There is no sale or transfer of funds. I don't understand the terminology (Transferer? Transferee?) and how to use it to say "remove this name."

I would love to hand this to a professional but cannot find one despite trying several different firms. The house is now on the market and we have to get it updated as a matter of urgency.

Is there a guide anywhere about this type of situation, or is there someone who can give me step by step advice? Most of AP1 is clear, it's just a couple of panels and how (who) to go about ID that I don't get.

You will need supporting documentation to be mentioned in panel 5 of the AP1 which explains the reason for your cousin's removal. In this case she is retiring as trustee of the trust fund.

 Her stepping down and your son replacing her requires a formally signed and executed Deed of Retirement and Appointment of Trustee so if that document is not already in place  you are trying to put the cart before the horse in leapfrogging the legal process via the AP1.

I note that you have so far been unsuccessful in finding a solicitor to assist. The mention of trusts can be off-putting for firms that do not have the requisite experience and competency ( it is a specialist area). You might be better served seeking a firm with STEP qualified practitioners. STEP is the Society of Trust and Estate Practitioners and have specific skills in this sector.  A Link to the STEP directory below - 

https://www.step.org/about-step/public

Incidentally the exsistence of the trust fund  should have been visible on the Land Registry by way of  Form A Restriction. If this was never done, perhaps that could be addressed at the same time as changing trustees - see blog below on the rationale behind the Restriction

https://www.jonathanlea.net/blog/how-to-register-a-declaration-of-trust-at-the-land-registry/#:~:text=In registered land the way,that proprietor was a trustee

Finally, and apologies if this proves to be an additional burden, has the trust been registered on HMRC's Trust register? This requirement was extended to pretty much all Trust funds in 2022, but seemingly only trustees who had ongoing professional advice would have been made aware. There are penalties for non compliance so see HMRC link below - 

https://www.gov.uk/guidance/register-a-trust-as-a-trustee

As you will note from all the  above, the trust is perhaps beset with far more legal and fiscal complexities than you were probably first made aware, its unfortunate you have not been able to source appropriate professional advice up to this point, hopefully the STEP directory will help.