Transferring land registry deeds after death with a will trust

Ollie222

We're currently dealing with my late mother's estate where the sole beneficiary is my father (her spouse) and the estate has been treated as an excepted estate. There are no mortgages involved.

There is a jointly owner property and a separate solely owned piece of land involved.

I'll start with the piece of land, this is currently solely in my mother's name and needs to be transferred solely to my father's name.

If I'm understanding correctly https://www.gov.uk/update-property-records-someone-dies suggests that we need to complete forms AP1 and AS1 and provide grant of probate and proof of ids.

Does that sound correct?

The second part regarding the family home I'm finding a bit more difficult to find definitive answers to. The family home is owned 50/50 as tenants in common between my mother and father.

The will created a will trust upon her death that stipulates that her share of the property should be placed in a trust with my father as the sole beneficiary and my father and his children as trustees.

When my father passes the property then passes to the children.

Can anyone offer any advice on how we deal with this change with the land registry?

Does my mother need to be removed from the land registry deeds and/or the trust or the trustees need adding to the deeds?

Should the trust place a charge on the property and if so how is this done? 

The trust has not been registered yet but I understand that needs to be done within 2 years.

If it's required then we'll seek legal advice?

Any advice gratefully received.

Land_Registry

As to the parcel of land then you are correct re forms AP1, AS1 and ID1/ID3 as appropriate 
The property is a trad more complex to understand but the key fact to start with is that when you have joint owners, irrespective of whether TIC or joint tenants, the legal ownership passes to the surviving legal owner to deal with when the other owner dies.
The TIC, 50/50 split and trust you refer to relates to their beneficial ownerships and not the legal ownership that we register. 
As a result this is where you need your legal advice to decide what options exist and which is 'best' for all concerned inc any beneficiaries 
For example you could do nothing re the land register. The death is very sadly factual and can be proven at any time in the future as appropriate. The TIC, 50/50 split and trust may already be protected on the register by way of a restriction - Practice guide 24: private trusts of land - GOV.UK 
The property can also be transferred, by your Father, to himself and others as new legal owners or transferred to new legal owners to act as trustees. But we don't deal with or advise on the decision-making process/discussions as we are responsible for registering the outcome
Please do get legal advice as posted and if you need help with how to then apply to update the register then our online assisted guidance takes you through what's needed depending on the option chosen - HMLR Guide: Start - External  · HM Land Registry

Ollie222

Apologies for the late reply to this, I'd missed the alert to say there was a reply.

Thank you very much for the above info along with the links you've provided.

The distinction between the legal and beneficial ownership in your post and further explained in your linked guide 24 is interesting and something I didn't know about.

Looking at form ID3 which I think we'll need for the land and property I don't think my father knows anyone with a suitable role to verify his identity so it looks like we'll need to get a solicitor to do that anyway and as the trust for the property isn't straightforward at the same time we'll seek legal advice on that too and probably get them to handle the whole process so as to ensure there are no mistakes that can come and bite us in the future.

Thanks again for your help, it's much appreciated.