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Ask Clare Your Own Question
Clare, Solicitor
Category: Property Law
Satisfied Customers: 34142
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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My father has recently deceeased and his residential

Customer Question

My father has recently deceeased and his residential property was left in a trust as per attachment. A restriction has been applied to the title deeds verify the declaration of trust. I have been advised that I will need a conveyancing solicitor who will need to complete a tr1 form to transfer ownership. I have had some conflicting advise on this as other solicitors have advise I need to go through probate. Since the property is not part of the estate do I need to go through probate or not. Can I just transfer the ownership with death certificates and supporting documentation using the TR1 form.
Submitted: 1 year ago.
Category: Property Law
Customer: replied 1 year ago.
My father first created a "will" and then a trust deed as shown in the milestone below.- 1996 created a will leaving his residential property to 2 of his offspring out of 5.
-2003 created a trust deed mirroring the "Will" whereby the 2 named siblings have been named as beneficiaries
Customer: replied 1 year ago.
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Customer: replied 1 year ago.
my father died a few years ago and left a trust deed, my younger brother and myself are the beneficiaries to this property, I would like to know do I have to go through propate to transfer ownership, or there is a clause( no.6) " in the event of the death or incapicity of the trustee the property shall revert to the beneficiiaries absolutely" which is tranfer of ownership via aTR1 form
Expert:  Nicola-mod replied 1 year ago.
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Customer: replied 1 year ago.
Hi NicolaPlease find a probate or trust lawyer who can answer this question as I am willing to wait.
Expert:  Nicola-mod replied 1 year ago.
We will continue to look for a Professional to assist you.
Thank you for your patience,
Expert:  Clare replied 1 year ago.
Thank you for your questionMy name is ***** ***** I shall do my best to help you.Since the Legal (rather than beneficial) ownership is in your father's name I am afraid that you will need Probate if you wish to deal with the Transfer of the Property.Please ask if you need further details
Customer: replied 1 year ago.
Hi clareThere is a declaration of variation to the trust deed which states upon the trustees death the beneficiaries will become the absolute trustees. I would imagine this should be sufficient to transfer ownership without going through the probate. Please advise.
Customer: replied 1 year ago.
The problem is I only have a copy of his will as I have been unable to locate the original. My father had 5 children but he left the house to only 2 therefore the other 3 have been prejudiced. Out of the 3 children prejudiced two of them will definitely object.the solicitors firm who originally created the Will no longer exists and I have made intensive enquirers in locating the original. I have managed to get an affidavit from the original solicitor which confirms his signature and witness signature but as he has not got the original he could not confirm the content.If the probate goes to intestacy will the other siblings have a claim against the property. I am not sure what would happen. Please advise.
Expert:  Clare replied 1 year ago.
I am sorry but Letters of Administration are needed in Order for the TR1 to be dealt with.Assuming that the Declarations of Trust are available then the property will NOT fall into the Estate
Customer: replied 1 year ago.
Ok thanks.
Expert:  Clare replied 1 year ago.
You are most welcome I hope all goes well

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