Registering property ownership after a death

[DamnDeDoubtance]

Hi, my father in law sadly died in July. The house he lived in with my mother in law was solely in his name but has been left to her in the will.

I have just completed probate and the next step is to get the property transfered into her name.

If anyone else has been through this I would be really grateful for any advice.

The property is registered with the land registry and I am just trying to suss out which forms I need to fill in.

[mumblechum1]

It's TR1.

If it's mortgaged, the lender will have to consent to the transfer.

You also need to re register at the LRby sending the TR1 and another form which was always called Admin 1 when I did conveyancing but tht was years ago so may be different now.

[DamnDeDoubtance]

I have downloaded forms AS1 and AP1. Is TR1 applicable in this case?

I was afraid that I would have to do "first registration" as he was the sole owner.

[DamnDeDoubtance]

PS. Thank you for replying!

I have just looked at TR1 and you need a transferer and a transferee, but we have no transferer iyswim.

[DamnDeDoubtance]

Doh! I see first registration is only if the property was unregistered.

[emsyj]

Have a look at this useful guide from the Land Registry website www.landreg.gov.uk/upload/documents/pg6.html.

It's donkeys years since I've done a transfer after the death of a sole proprietor, but I have an estate file at the moment where it needs doing so I will be reading the guide myself tomorrow!!!

I don't know what the current position is re: Stamp Duty Land Tax, but there may be a form to fill in for that as well (will be exempt from duty but you may have to fill something in saying that - will have to check it out).

The transferor will be the executor(s).

[emsyj]

Ah, here we are - the relevant bit of the practice guide:

3.2 Registration of a disposition by the personal representatives

The personal representatives of a deceased sole proprietor of the registered estate, or of a charge or mortgage, may, without first being registered themselves in that capacity, deal with that registered estate or charge. They may do this by way of a transfer, or a transfer by way of an assent or appropriation using the appropriate form in either case. To make an application to us you will need to send us the following.

Form AP1 (form FR1 if the transfer or assent triggers first registration).

Either transfer form TR1, or TP1 (if you are only selling part of the registered estate), or assent form AS1, or AS3 (if only part of the registered estate is the subject of the assent).

Either transfer form TR4 (if the deceased was proprietor of a charge or mortgage) or assent form AS2.

The original probate or letters of administration, or a court order appointing the transferor as the deceased?s personal representative, or (where a conveyancer is acting for the applicant) a certificate given by a conveyancer that they hold the original or a certified copy of the probate, letters of administration or court order. We will not need this evidence if the personal representatives are already registered as proprietors in that capacity.

The fee payable under the current Land Registration Fee Order.

NB1: Any transfer by the personal representative(s) to the beneficiaries should be accompanied by a stamp duty land tax self-certificate.

[emsyj]

Hmm, I will have to look at whether it is better to transfer or assent... Not sure off the top of my head. Is probably more relevant when the house price has increased substantially since the date of death, as you can assent at the probate value but a transfer would effectively be a deemed disposal for capital gains tax. In the current market it might not matter (not 100% sure tho - will read up on it) but worth considering which you decide to do.

[DamnDeDoubtance]

I think it is form AP1 and AS1, with letters of probate.

The fee is based on the value of the property.

Luckily we have just had this valued for probate.

So wish the house had been in both names, then we could have avoided all this! Ho hum.

[DamnDeDoubtance]

Just had an email from the land registry answering my query.

In my case it is form AP1, AS1 and letters of probate plus a cheque based on the value of the property.

In this case £90.

I asked if there was any way to avoid the fee as my MIL is a pensioner on pension guarantee credit but there are no such concessions with the land registry.

Worth asking though.