How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Aston Lawyer Your Own Question
Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10490
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
16368554
Type Your Law Question Here...
Aston Lawyer is online now

When my wife died in 2009 a Nil Rate Band trust was set up

Customer Question

When my wife died in 2009 a Nil Rate Band trust was set up and included half of our house and to prevent redirection, an Equitable Charge was registered with Land Registry. The Trustees (who also were the Executors) want to complete their work by entering our daughter as Tenants in Common In the Register and discharging the Equitable Trust. My solicitor is unable to deal with this as they have a backlog of work due to illness. Is this a matter that we could deal with directly with Land Registry?
Submitted: 11 months ago.
Category: Law
Expert:  Aston Lawyer replied 11 months ago.

Hi,

Thanks for your enquiry.

In theory, you could deal with the paperwork, but unless you are familiar with the Land Registry procedures and Forms, you may find it a little tricky!!

Firstly the Trustees would need to complete and sign a Land Registry DS1 Form (which is the Form confirming that the Charge has been paid off).

Secondly, a Land Registry transfer document will need to be prepared, transferring the Property. This has to be done on a TR1 Form. This Form will have to show that you and your daughter owns the property as Tenants in Common. This Form, once signed and witnessed, needs to sent tot he Land Registry with the DS1 and the application Form called an AP1, together with the appropriate fee which will be based on the current market value of the property.

To combat fraud, any applications to the Land Registry made by the general public need to also include an ID1 Form (which is a Form completed by a Solicitor, confirming that they have verified the applicants identity).

So, as you can see, it is slightly complicated. I would perhaps suggest that you instruct another local Solicitor to deal with the paperwork and application.

I hope this assists and sets out the legal position.

Kind Regards

Al

Customer: replied 11 months ago.
Very helpful thankyou. Will be happy to use you again should the occasion arise. Just to be clear I have not signed up for any monthly charges on my account.
Expert:  Aston Lawyer replied 11 months ago.

Hi, thanks. Confirmed- you haven't subscribed monthly, and I will only get paid once you have left positive feedback.

All the best.

Al

Expert:  Aston Lawyer replied 11 months ago.

Hi, I would be grateful if you could rate my answer. Thanks Al