HM Land Registry forms
Discussion
Hello, could help me with transferring some equity please?
I am the executor of my Dad’s estate, which includes half a house owned as tenants in common with his gf.
We would like to transfer his half to me and also transfer her half to me. I have called and emailed HM Land registry and got conflicting advice.
Does anyone know which forms I need to do it?
Thanks in advance.
I am the executor of my Dad’s estate, which includes half a house owned as tenants in common with his gf.
We would like to transfer his half to me and also transfer her half to me. I have called and emailed HM Land registry and got conflicting advice.
Does anyone know which forms I need to do it?
Thanks in advance.
To deal with the transfer of your dad's half share is fairly simple provided you have a sealed Office Copy of the Grant of Probate and From TR1 or AS1 (assuming a registered title).
That said the g/f transfer raises a lot of questions in my head that need to be covered off before anyone prepares and signs any forms.
Don't be silly with £100k+assets - go and spend some money with a proper solicitor to advise you and deal with for you, g/f may have to take her own independent advice.
Trust me there are lots of issues i can spot in your post that you and or she will need to get advice on from intentional deprivation of capital and possible future issues with care fees to potential tax and benefits issues.
Not trying to be a smart arse here but there are so many questions arising that i don't have the time to type then and all the alternates, and as always the devil is in the detail.
Spend money, don't get egg on face and know that if something is or went wrong you have an insured professional to blame and claim, not yourself.
Seriously, spend the money and get it right. DIY is all good and well but cock it up and you will not only have potential six figure issues to deal with but also no recourse other than again the person in the mirror and that £500-£1,000 +vat looks like the most expensive saving you ever tried to make on an asset worth 100's of times more than that.
That said the g/f transfer raises a lot of questions in my head that need to be covered off before anyone prepares and signs any forms.
Don't be silly with £100k+assets - go and spend some money with a proper solicitor to advise you and deal with for you, g/f may have to take her own independent advice.
Trust me there are lots of issues i can spot in your post that you and or she will need to get advice on from intentional deprivation of capital and possible future issues with care fees to potential tax and benefits issues.
Not trying to be a smart arse here but there are so many questions arising that i don't have the time to type then and all the alternates, and as always the devil is in the detail.
Spend money, don't get egg on face and know that if something is or went wrong you have an insured professional to blame and claim, not yourself.
Seriously, spend the money and get it right. DIY is all good and well but cock it up and you will not only have potential six figure issues to deal with but also no recourse other than again the person in the mirror and that £500-£1,000 +vat looks like the most expensive saving you ever tried to make on an asset worth 100's of times more than that.
Thanks for the advice chaps. I should find a solicitor then.
I should probably add, just so it doesn’t look like I’m ripping her off, that she’s having other stuff from the estate in exchange for her share in this part built house.
I was just trying to avoid paying out for a solicitor because I’m spending all my money on finishing the house, but if needs must....
I should probably add, just so it doesn’t look like I’m ripping her off, that she’s having other stuff from the estate in exchange for her share in this part built house.
I was just trying to avoid paying out for a solicitor because I’m spending all my money on finishing the house, but if needs must....
Apologies for thread bump but I have a similar question:
My mums partner passed away over a year ago and we have been through all the probate and the will. My mum is sole beneficiary to his estate including the house. She has been sitting on the paperwork as she has had complications following hip replacement surgery at Christmas.
She now wishes to transfer ownership with the Land Registry from his name to hers.
Can she /we do this ourselves? If so any advice on forms, process etc. would be greatly appreciated.
My mums partner passed away over a year ago and we have been through all the probate and the will. My mum is sole beneficiary to his estate including the house. She has been sitting on the paperwork as she has had complications following hip replacement surgery at Christmas.
She now wishes to transfer ownership with the Land Registry from his name to hers.
Can she /we do this ourselves? If so any advice on forms, process etc. would be greatly appreciated.
Mikebentley said:
My mums partner passed away over a year ago and we have been through all the probate and the will. My mum is sole beneficiary to his estate including the house. She has been sitting on the paperwork as she has had complications following hip replacement surgery at Christmas.
She now wishes to transfer ownership with the Land Registry from his name to hers.
Can she /we do this ourselves? If so any advice on forms, process etc. would be greatly appreciated.
Was your mother the sole executor of his Will?She now wishes to transfer ownership with the Land Registry from his name to hers.
Can she /we do this ourselves? If so any advice on forms, process etc. would be greatly appreciated.
You can do it yourself and I have done so several times
The land registry have a citizens centre in ( I think ) wales and they are helpful.
The main thing is that you have to complete extensive id documentation which the lawyer would usually do and the process is much slower ( lawyers submit directly into the land ref system ).
It is however simple. In essence a correctly completed tr1.
The land registry have a citizens centre in ( I think ) wales and they are helpful.
The main thing is that you have to complete extensive id documentation which the lawyer would usually do and the process is much slower ( lawyers submit directly into the land ref system ).
It is however simple. In essence a correctly completed tr1.
Jeremy-75qq8 said:
It is however simple. In essence a correctly completed tr1.
No, you can't use a TR1 in this situation, You need to use an `assent', which is form AS1 - https://www.gov.uk/government/publications/whole-o...You will also need to complete an AP1 - https://www.gov.uk/government/publications/change-...
As you aren't applying through a solicitor you'll need to provide evidence of your identity by completing form ID1 - https://www.gov.uk/government/publications/verify-... - and having it signed by a solicitor or someone else on the list of approved signatories. Alternatively, you can visit your local Land Registry by appointment and deal with ID evidence there.
Finally, you'll also have to pay a scale 2 fee dependent on the value of the property - https://www.gov.uk/guidance/hm-land-registry-regis... (it's the figure in the `Apply by post' column).
Holy Thread Resurrection Batman!
Want to do a simple gifting of a piece of land from me to my son.
Property is registered and has a title
Value of the land is way less than the first tier of £100k
Spent yesterday filling in the following forms
TR1
AP1
ID3 for myself
ID3 for my son
Fee looks like £45 for Scale 2
Am I missing anything?
Just need to find a witness for my son and myself.
Want to do a simple gifting of a piece of land from me to my son.
Property is registered and has a title
Value of the land is way less than the first tier of £100k
Spent yesterday filling in the following forms
TR1
AP1
ID3 for myself
ID3 for my son
Fee looks like £45 for Scale 2
Am I missing anything?
Just need to find a witness for my son and myself.
Rude-boy said:
To deal with the transfer of your dad's half share is fairly simple provided you have a sealed Office Copy of the Grant of Probate and From TR1 or AS1 (assuming a registered title).
That said the g/f transfer raises a lot of questions in my head that need to be covered off before anyone prepares and signs any forms.
Don't be silly with £100k+assets - go and spend some money with a proper solicitor to advise you and deal with for you, g/f may have to take her own independent advice.
Trust me there are lots of issues i can spot in your post that you and or she will need to get advice on from intentional deprivation of capital and possible future issues with care fees to potential tax and benefits issues.
Not trying to be a smart arse here but there are so many questions arising that i don't have the time to type then and all the alternates, and as always the devil is in the detail.
Spend money, don't get egg on face and know that if something is or went wrong you have an insured professional to blame and claim, not yourself.
Seriously, spend the money and get it right. DIY is all good and well but cock it up and you will not only have potential six figure issues to deal with but also no recourse other than again the person in the mirror and that £500-£1,000 +vat looks like the most expensive saving you ever tried to make on an asset worth 100's of times more than that.
This 100%That said the g/f transfer raises a lot of questions in my head that need to be covered off before anyone prepares and signs any forms.
Don't be silly with £100k+assets - go and spend some money with a proper solicitor to advise you and deal with for you, g/f may have to take her own independent advice.
Trust me there are lots of issues i can spot in your post that you and or she will need to get advice on from intentional deprivation of capital and possible future issues with care fees to potential tax and benefits issues.
Not trying to be a smart arse here but there are so many questions arising that i don't have the time to type then and all the alternates, and as always the devil is in the detail.
Spend money, don't get egg on face and know that if something is or went wrong you have an insured professional to blame and claim, not yourself.
Seriously, spend the money and get it right. DIY is all good and well but cock it up and you will not only have potential six figure issues to deal with but also no recourse other than again the person in the mirror and that £500-£1,000 +vat looks like the most expensive saving you ever tried to make on an asset worth 100's of times more than that.
This does not answer the question of today !
The transfer system is not complicated. I have done it many times. 4 relating to deaths and one relating to sale.
If there is a mortgage involved or something else complex you will have issues but simple land transfers of a non contentious nature are simple.
I have never done one involving sdlt - but if the above is a gift there id no sdlt anyway
The transfer system is not complicated. I have done it many times. 4 relating to deaths and one relating to sale.
If there is a mortgage involved or something else complex you will have issues but simple land transfers of a non contentious nature are simple.
I have never done one involving sdlt - but if the above is a gift there id no sdlt anyway
Greenmantle said:
Holy Thread Resurrection Batman!
Want to do a simple gifting of a piece of land from me to my son.
Property is registered and has a title
Value of the land is way less than the first tier of £100k
Spent yesterday filling in the following forms
TR1
AP1
ID3 for myself
ID3 for my son
Fee looks like £45 for Scale 2
Am I missing anything?
Just need to find a witness for my son and myself.
Are you aware that if the value of the land is more than you paid for it you'll be liable to pay capital gains tax?Want to do a simple gifting of a piece of land from me to my son.
Property is registered and has a title
Value of the land is way less than the first tier of £100k
Spent yesterday filling in the following forms
TR1
AP1
ID3 for myself
ID3 for my son
Fee looks like £45 for Scale 2
Am I missing anything?
Just need to find a witness for my son and myself.
Have you considered whether the land needs any rights granting or reserving to yourself in respect of it - e.g. easements. such as a right of way, the right to lay drains etc? Whilst this may all be no problem while your son owns it he may sell it, and you could then be faced with a new owner who may be hostile.
Have you considered whether you should impose any restrictive covenants on the land, such as restricting the right to build? Again, your son could sell it on to anyone, and in the absence of restrictive covenants they could do whatever they wanted with it, so the only protection you would then have is planning law.
There's a reason that people use lawyers for transferring property.
Pro Bono said:
Greenmantle said:
Holy Thread Resurrection Batman!
Want to do a simple gifting of a piece of land from me to my son.
Property is registered and has a title
Value of the land is way less than the first tier of £100k
Spent yesterday filling in the following forms
TR1
AP1
ID3 for myself
ID3 for my son
Fee looks like £45 for Scale 2
Am I missing anything?
Just need to find a witness for my son and myself.
Are you aware that if the value of the land is more than you paid for it you'll be liable to pay capital gains tax?Want to do a simple gifting of a piece of land from me to my son.
Property is registered and has a title
Value of the land is way less than the first tier of £100k
Spent yesterday filling in the following forms
TR1
AP1
ID3 for myself
ID3 for my son
Fee looks like £45 for Scale 2
Am I missing anything?
Just need to find a witness for my son and myself.
Have you considered whether the land needs any rights granting or reserving to yourself in respect of it - e.g. easements. such as a right of way, the right to lay drains etc? Whilst this may all be no problem while your son owns it he may sell it, and you could then be faced with a new owner who may be hostile.
Have you considered whether you should impose any restrictive covenants on the land, such as restricting the right to build? Again, your son could sell it on to anyone, and in the absence of restrictive covenants they could do whatever they wanted with it, so the only protection you would then have is planning law.
There's a reason that people use lawyers for transferring property.
Spent a lot of time researching this.
None of the issues you have mentioned apply now or in the future.
Just feel that paying £1000 + vat is unnecessary
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