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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 22624
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
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Myself and my brother in law were named as executors of my

Resolved Question:

Myself and my brother in law were named as executors of my late husbands will, we opted for me to apply for the Grant of Probate whilst he chose to 'reserve' his right. Probate has therefore been granted in my name only but we are both named in my husbands Will to act as trustees in respect of a house he owned which is to remain in trust for my mother-in-law to live in until her death. So, I need to know what is required in order to show myself and my brother-in-law as trustees, am I able to deal with this without a solicitor via the Land Registry (ie can I complete relevant forms myself to amend the property deeds to show myself and b-in-law as new owners?)or will I need further Deeds of Appointment to be drawn up to show my brother-in-law as a joint trustee? Is there any other action that needs to be taken?
Submitted: 4 years ago.
Category: Law
Expert:  Stuart J replied 4 years ago.
Hello, I am Law Denning and I am a practising solicitor in a High Street practice. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects. Because we are all in practice with clients and court and other users, I might not always respond in minutes. Please bear with me in that case

It is my pleasure to try and assist you with this today. Please bear with me while I gather some further information from you in order for me to be able to advise you fully.

Unless I have all the facts that I need, my answer would not be accurate.

What does the Will say exactly regarding this point?
Customer: replied 4 years ago.


Extract from will:


I appoint as my executors and trustees my wife Sandra Ratcliffe and my brother Ian David Pinkus.........


Trust of Property - beneficiary is my mother Sophia Pinkus...If the beneficiary survives me for 28 days I give the house (free of tax) to my executors on trust...etc.


Is this the information you need?


 

Expert:  Stuart J replied 4 years ago.




There is no legal
reason why you cannot do this yourself if you are familiar with land registry
procedures but to be frank, if you are not, it would be well worth paying a
solicitor the £300 or so that he wants to do it.

The process is
that the executors sign an assent which is sent to the land registry along with
the appropriate fee, form TR1, and a copy of the grant of probate with the will
attached. The land registry will also want form ID 1 with a photograph of
whoever is dealing with this and the photograph must be certified by a
solicitor.



The assent form, puts
the property into the names of the beneficiaries.



There needs to be
a restriction in standard format which is put on with form RX1, which says that
the property cannot be sold without mother-in-law's consent.



The interest of
the mother-in-law, created in the will trust should also be registered.



Once the property
is registered in the name of the beneficiaries, they become the trustees.



If I was you, I
would do yourself a favour, and pass this on to a solicitor.



Does that answer
the question.? Can I assist any further?



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Customer: replied 4 years ago.

Per my original question, as Probate is currently only granted in my name does this mean that we require a new deed of appointment in order for my b-in-law to be included?


Also, from your response am I right in thinking that all that is needed is 1. Assent form (is this the TR1?), 2. ID1 with photo ID signed by solicitor and 3. RX1 - is this submitted by myself to Land Registry or is this something that the Land Registry apply based on the Will details?

Expert:  Stuart J replied 4 years ago.

TR1 is transfer deed. Assent is AS1.

The property is transferred into names of the beneficiaries from the will and they are the trustees, not the executors, although the beneficiaries and execs may be the same depending on wording of the will.

All forms are completed and sent in by the exec. The land registry complete nothing.

The grant with will attached must also be sent

Customer: replied 4 years ago.

So, I just need to send TR1, AS1, ID1 and RX1 to Land Registry along with any relevant fee, is that correct?

Expert:  Stuart J replied 4 years ago.
Yes, plus original Grant of Probate and sorry also AP1. I forgot that catch all form
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