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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10731
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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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: 1 year ago.
Category: Law
Expert:  Aston Lawyer replied 1 year ago.


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


Customer: replied 1 year 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 1 year ago.

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

All the best.


Expert:  Aston Lawyer replied 1 year ago.

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