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Thomas
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7617
Experience:  UK solicitor holding an England and Wales practising Certificate.
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Land registry title change on death of one party where property

Customer Question

Land registry title change on death of one party where property was owned as tenants in common.
I am the executor of my fathers will which passed his share of the house to my sister and I. The house was owned as tenant in common with my mother owning the remaining 50%. Which land registry form do I need to complete to make this change.
Many thanks
Submitted: 2 years ago.
Category: Property Law
Expert:  Thomas replied 2 years ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
If you wish to transfer the deceased’s interest in the property to the beneficiary of the Will then you will have to execute the Land Registry AS1 form:
https://www.gov.uk/government/publications/whole-of-registered-title-assent-as1/completing-forms-ap1-and-as1-for-the-assent-of-a-registered-property
This should then be sent to the relevant land registry office dealing with the particular registered title in question, along with ID1 forms signed in front of a solicitor for both you and your sister, along with the relevant land registry fee. You should check directly with Land Registry, but I believe the fee is about £40.
You will also need to send a certified copy of the Grant of Probate.
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Customer: replied 2 years ago.

thank you for the quick response and the form looks straight forward. Just a couple of quick questions I'm presuming in box 6 "Transferee for Register" this should be my and my sisters names.

and in box 10 should I select the option to " hold the property on trust for themselves as tenants in common in equal shares" rather than in trust. not sure what the benefits of holding the property in trust are when my mother still owns the 50%

thank you

Expert:  Thomas replied 2 years ago.
Hi,
You and your sister would be Transferees, yes.
At box 10, you would enter how you/your sister/your mother wish to hold the property following comnpletion of registration.. If you wish to hold as tenancy in common then tick this. If you wish to hold as joint tenants then tick that box.
Tom
Expert:  Thomas replied 2 years ago.
Hi
Is there any further information you require?
I just want to ensure that you are satisfied, so please let me know if you have any further queries on the information I have provided.
Kind regards,
Tom