Addition to Land Registry Records

amayeta · 5 December 2017 at 4:21PM

After years of trying to get things sorted about a property I owned with an elder sibbling I have now found out that as the surviving owner I can remove and add my nephew myself.

So we have the following forms:
DJP - removal after deceased
(which the estate solicitor's insisted did not need to be completed for the transfer to be done&#128533

AP1 - Application to change registry

TR1 - Transfer of whole of registry Title (to include my name and nephews)

ID1 - Certificate of identity (one for me and one for him)
Query on above form DETAILS OF THE APPLICATION e.g. Type I of application? Do I put transfer of transfer/change of name?

Does anyone know if I have all the correct forms of have I missed something. I have no money to hirer a solicitor as my nephew is at college and only getting basic PIP and that goes all on him.

Nothing towards food or bills that's all on me still. 😢.

I want this sorted as 4 years is a joke that the solicitors have given me nothing but even a statement as to what they are spending money on and NO ALLOWANCE for him. EVER. Despite him asking more than a few times for help.

I hope someone will be able to give me some much needed guidance.
Many thanks.

G_M · 5 December 2017 at 5:15PM

Please clarify the history - briefly.

1) you (A) and siblng (B) owned the property yes?
2) did you own as Joint Tenants or Tenants in Common?
3) was there a mortgage?
4) B died 4 years ago, yes?
5) who was the Executor/Administrator?
6) Has Inheritance Tax been paid - if relevant?
7) Has probate been granted?
8) what did B's will say (if TIC)?
9) what is the relevance of food costs?
10) are you aware of the tax implications of adding your nephew?
11) are you aware of the potential impact on any benefits claims by nephew
12) what is the solicitor's role in all this?

As for your Q:

* ID1 Q11: Type of Application = 'Transfer'

Land_Registry · 6 December 2017 at 6:59AM

If you owned the property with just your sibling then forms AP1, TR1and ID1 are correct
You don't need form DJP as you can notify us of the death as part of the AP1application - simply add DJP and Transfer as the types of application being made and lodge an official copy if the death certificate.

For updating the register re the death and transferring the ownership you don't need probate. Whether you need it for the rest of the deceased's estate is for others to advise.

The TIC aspect won't prevent you transferring the legal ownership providing no monies are changing hands. It is though something to consider if for example your sibling left their share to someone else. You have posted before on the issue if TIC/Severance so am guessing you have that covered

getmore4less · 6 December 2017 at 7:47AM

There may be a complication here as it looks like this is a joint tenant property, and the death was over 2 years ago.

The intention seems to have been for the son of the deceased to inherit and the OP was looking at retrospectively severing with a DOV.

The OP will need to check the tax situation as AIUI even with a DOV this will count as a gift and not be covered by the usual tax benefits of a DOV done within 2 years.
If not the OP main residence there may be CGT implications on the disposal.

The executors of the estate of the deceased seem to have been less than helpful in this saga.

I think the relevance of the food is the OP is paying for stuff for a siblings vulnerable adult child that they have " inherited" that should be paid from estate funds currently in the hands of the executors.

amayeta · 19 December 2017 at 2:57AM

Thank you to everyone who replied to this post.
I have taken steps to sort this and will hopefully be able to update in 2018.

MERRY CHRISTMAS &#55356;&#57220;

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Addition to Land Registry Records

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