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Stuart J
Stuart J, Property Solicitor
Category: Property Law
Satisfied Customers: 24624
Experience:  Senior Partner at Berkson Wallace
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I wish to transfer a property left to my wife by her late

Customer Question

I wish to transfer a property left to my wife by her late father, into her name
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: no No
JA: Where is the property located?
Customer: Chippenham wiltshire
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 very straightforward, she is the only child
Submitted: 17 days ago.
Category: Property Law
Expert:  Stuart J replied 17 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.

Has probate been completed?

Customer: replied 17 days ago.
we now rent out the property
Expert:  Stuart J replied 17 days ago.

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:

To transfer property from 2 names to 1 name or from 1 name to 2 names or to simply sell a property is relatively straightforward but there are a lot of forms to fill in

The transfer deed for sale or simple transfer is form TR1

https://www.gov.uk/government/publications/registered-titles-whole-transfer-tr1

and here are some notes on that form: https://www.gov.uk/government/publications/registered-titles-whole-transfer-tr1/guidance-completing-form-tr1-for-the-transfer-of-registered-property

or, if it is transfer 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.

If there is a mortgage on the property they will need to consent to the transfer and if it is going from 2 people to 1 person they will usually refuse to remove one and would want the mortgage repaid.

There may be stamp duty depending on the money changing hands or if no money changing hands, there would be stamp duty on the transfer if the mortgage being taken over or disposed of is over £250,000. Stamp duty is based upon 50% of the mortgage. If there is no mortgage and no money changing hands, there is no stamp duty.

If it is a second home then the limit goes down to 40k and a higher rate of SDLT is payable

A solicitor would normally charge about £300 plus VAT plus the land registry for dealing with this if you don’t feel like doing it yourself. Any high street solicitor that does conveyancing deal with this. The process is very straightforward for a conveyancing solicitor but a bit of a nightmare for an individual with no experience of doing property transactions..

As one person is potentially being advantaged and/or one person is potentially being disadvantaged, it’s essential to take independent legal advice on the effect of this so that some stage in the future, neither party can complain that they were coerced into doing this.

Incidentally, the process is exactly the same as selling a property and buying a property although the parties are different and no money is changing hands.

In effect the current owner(s) sells the property and the new owner (s) buys the property albeit with no money changing hands. There is obviously no contract in that case but the transfer deed and the rest of the documentation is the same.

Please note that if this is being done to avoid the payment of care fees or the payment of inheritance tax, it will not necessarily do either

In case of care fees, if it was done to avoid the payment of care fees, the local authority can have the transfer set aside if they could convince the court that it was done to avoid the payment of care fees.

In the case of avoiding inheritance tax, it only escapes the seven year inheritance tax claim if whoever is transferring the property retains no interest in it.

The person who is the recipient of the property must have free rein to do with the property as they wish sell it or remortgage it or rent it out or whatever. If not, it’s a gift with reservation which is dealt with as though it isn’t a gift at all.

There is no timescale for avoiding care fees and the gift with reservation issue also applies.

Expert:  Stuart J replied 16 days ago.

Hello again.  Can I assist you any further with this?