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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9187
Experience:  I have been practising for 30 years.
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Can you draw a document up for my son to transfer is share

Customer Question

can you draw a document up for my son to transfer is share of is property back to me
Submitted: 7 months ago.
Category: Law
Expert:  F E Smith replied 7 months ago.

Is your son in agreement to transfer the property back to you? Why was it transferred to him in the first place? Could we have the background detail please? Thank you

Customer: replied 7 months ago.
my son is in agreement. my husband left him a percentage of my house ,now i wish to sell it but to do this he as got to sign is part back to me witch he is willing to do
Expert:  F E Smith replied 7 months ago.

Your son needs to complete and sign land registry forms AP1 & TR1 & ID1. ID1 needs a passport size photograph attaching which needs to be certified by a solicitor as being a true likeness.

He then submits those to the land registry along with the appropriate fee which depends on the value of the house.

To be honest, rather than go through all this trouble yourself, the solicitor acting on the sale for you will prepare all the necessary documentation and will probably charge very little extra for it so it’s not something that I would get involved with unless you particularly want to.

If there is a mortgage, he’s going to have to repay the mortgage.

Can I clarify anything else for you?

Please rate the service positive. It is the process by which experts get paid.

The thread remains open. We can still exchange emails.

Best wishes. FES.

Customer: replied 7 months ago.
my solicitor as tolled me that thy could not do this, as thy are selling the property is this not the case and why would thy tel me this
Expert:  F E Smith replied 7 months ago.

There are certain rules with regard to solicitors acting in respect of two transactions. They can do so if both parties (you and your son) are either existing clients or are related provided there is no conflict of interest and provided you are working towards the same goal. There is actually nothing to stop them doing this but they are choosing not to. To be honest, that choice in the way they have chosen is not unusual. Some solicitors will simply not act for both parties, whether they are allowed to or not, regardless of the circumstances. Even then, it would need to be done by 2 different solicitors in the same firm. If they don’t want to do it, there is no way to force them to do it.

Another solicitor would probably do the job for you for about £300 plus the land Registry fee. That is assuming that there is no mortgage on the property which needs to be redeemed.

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