We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Updating the Title Deeds following grant of Probate

I have inherited in the Will my deceased partner's 50% interest in the house we owned jointly as common-law partners.This is now legally confirmed and Probate has been granted.
Which form do I send to Land Registry, bearing in mind that I am also the sole Executor of the Estate.There appears to be two forms, the AS1 and another one for removing my partner's name and amending the Title to a single owner as the remaining 'tenant in common' to use the vernacular.
Also will there be a Fee for this, its unclear from the website schedule.

Thanks,  Adrian

Comments

  • Keep_pedalling
    Keep_pedalling Posts: 21,539 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 14 October at 3:45PM
    You actually need form DJP. There is no charge associated with this.

    https://www.gov.uk/government/publications/deceased-joint-proprietor-djp
  • Land_Registry
    Land_Registry Posts: 6,211 Organisation Representative
    Part of the Furniture 1,000 Posts Name Dropper
    And if you applied for a form A/joint ownership restriction when you became/decided to be TIC, then section 8 of PG 6 explains how to apply to cancel that using forms RX3 and ST5 as well. The restriction, if registered, may not now be required if you are the sole legal and beneficial owner for example
    Practice guide 6: devolution on the death of a registered proprietor - GOV.UK
    Official Company Representative
    I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
  • Patrick015
    Patrick015 Posts: 7 Forumite
    Eighth Anniversary First Post Combo Breaker
    Following on from that, what leeway do I have as Executor with cash bequests to the deceased's siblings who have children? Am I permitted to split a single amount into smaller amounts so that nephews and nieces can receive divided amounts that will attract minimal annual gifts tax? There have been no lifetime gifts so its just a matter of flexibility with the cash bequested through the Will by probate.
  • RAS
    RAS Posts: 36,144 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    There's no such thing in the UK as gift tax.

    Any tax will have been paid from the estate as IHT if it exceeded £325k. Otherwise there is no applicable tax.

    If you've have not made a mistake, you've made nothing
  • Patrick015
    Patrick015 Posts: 7 Forumite
    Eighth Anniversary First Post Combo Breaker
    Yes thanks I see that. The Estate is below the IHT threshold, am I not therefore required to send HMRC a final set of Estate accounts? I dont plan to.
  • Keep_pedalling
    Keep_pedalling Posts: 21,539 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper Photogenic
    Following on from that, what leeway do I have as Executor with cash bequests to the deceased's siblings who have children? Am I permitted to split a single amount into smaller amounts so that nephews and nieces can receive divided amounts that will attract minimal annual gifts tax? There have been no lifetime gifts so it’s just a matter of flexibility with the cash bequested through the Will by probate.
    You simply distribute the estate as per the will. If those beneficiaries want to pass some of that on to their children then it is down to them to do so. If they want to avoid the 7 year rule for their own estates then they can make a deed of variation but you don’t need to be involved in that.
  • RAS
    RAS Posts: 36,144 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Presumably you completed the forms for an exempt estate, under £325k. That's all the HMRC need.

    But the situation regarding the other beneficiaries depends on the exact wording of the will. Was money left to the siblings, or to their children? Are these specific bequests, or are they residual beneficiaries? Any of the beneficiaries under 18 yeads old?
    If you've have not made a mistake, you've made nothing
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 352.1K Banking & Borrowing
  • 253.6K Reduce Debt & Boost Income
  • 454.3K Spending & Discounts
  • 245.2K Work, Benefits & Business
  • 600.9K Mortgages, Homes & Bills
  • 177.5K Life & Family
  • 259K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16K Discuss & Feedback
  • 37.7K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.