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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 24601
Experience:  Senior Partner at Berkson Wallace
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My father in laws will is a property asset will leaving his

Customer Question

Good afternoon, my father in laws will is a property asset will leaving his half of the property and his assets in trust for his son, my husband on the death of his wife who still currently resides in the property. They owned the property as Tennant’s in common. My question is what needs to be done with regards ***** ***** land registry in these circumstances. Thank you
JA: Since estate law varies from place to place, can you tell me where this is?
Customer: Hampshire UK
JA: What documents or supporting evidence do you have?
Customer: the will and grant of probate
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no
Submitted: 12 days ago.
Category: Law
Expert:  Stuart J replied 12 days ago.

Hello. Thank you for the question. It is my pleasure to assist your with this today.

Please bear with me and I will be online and off-line from time to time and therefore, may be delayed getting back to you. You will receive an email when I reply.

Who is executor(s)?

and is a solicitor involved at all?

Customer: replied 12 days ago.
My husband and his mother (wife of father in law) are both executors and trustees. No solicitor involved, my husband has the grant of probate
Customer: replied 12 days ago.
Could I please ask Whether you are able to undertake the work required as well as give advice or will you direct me elsewhere to have the actual work undertaken?
Expert:  Stuart J replied 12 days ago.

I’m afraid that we are specifically not allowed to take instructions from here.

If the site were to be a source of potential clients, we would no longer be independent because we would have an interest in pursuing litigation.  With no interest in pursuing litigation, we can be really objective with our view is to whether something has a good chance or a limited chance of success.

In any event, for logistical reasons you would be better using a local solicitor .

If everything’s been left to his wife in the interim, then you don’t need to actually do anything although ultimately if the property as tenants in common you are going to need probate for your father-in-law and when your mother-in-law dies, you are going to need probate for her.

Here it is from the government website:

https://www.gov.uk/applying-for-probate

Once you have probate you can then transfer the property from husband to wife and wife your husband/beneficiary.

To find a solicitor, you can search by postcode and specialism on the Law Society website

www.lawsociety.org.uk

find a solicitor link which is at the top left hand corner of the page.

Thank you for letting me assist you with your legal question.  I am glad that I was able to help.

I am not certain whether that answers the question for you or not, but I am happy to answer any specific points arising from this.

It will be my pleasure to help you again either further with this or any future questions you have

Kind regards

Customer: replied 12 days ago.
Thank you for your answer. The will was written with the intention that should the surviving person need future care the deceased half of the property would be protected in trust and not be able to be used to pay for care. Therefore it is not the intention to transfer to my mother in law as my understanding is this then becomes hers and would be included in her finances should she have to sell the home for care needs. Are you aware if there is a specific process / form to put the property in trust. Thank you
Expert:  Stuart J replied 12 days ago.

I appreciate that although is the fact that the property as tenants in common which has the effect of ring fencing the individuals 50% share.

If the property has been left by your father-in-law to your husband with your mother having the right to live in the property for life, then your husband needs to apply for probate now in respect of your father-in-law’s assets.

The trust is created by the will.

It then gets registered at the land registry and ideally a restriction in favour of the occupier

Customer: replied 12 days ago.
Thank you, ***** ***** has probate already so I think we now need to find a local solicitor to assist with land registry applications
Expert:  Stuart J replied 12 days ago.

That’s probably a good plan.  Shop around to get a decent price because this is not rocket science, it’s really basic stuff.

However before doing that, you can have a look at it yourself if you want to save a few hundred pounds:

The process is not for the fainthearted although it’s not an uncommon question and therefore I have a standard cut-and-paste answer which is below: a solicitor would probably charge under GBP500 plus VAT plus the land registry fee:

As the transfer is pursuant to a bequest in a will, then form AS1 is the assent which transfers the property to the beneficiaries.

https://www.gov.uk/government/publications/whole-of-registered-title-assent-as1

and you also need AP1

https://www.gov.uk/government/publications/change-the-register-ap1

and ID1

https://www.gov.uk/government/publications/verify-identity-citizen-id1

for all the parties involved.

There needs to be one of the latter forms for each person involved. It needs a passport sized photograph certified by a solicitor as being a true likeness. This is not needed if solicitors are doing the job but the solicitors will want different ID, usually a passport or driving licence and 1 or 2 utility bills.

There is also the Land Registry fee based upon the value of the house which is here:

https://www.gov.uk/guidance/hm-land-registry-registration-services-fees

Use scale 1 fees.

And of course you would need to include the Grant of Probate