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Posted Tue, 24 Jun 2025 10:23:15 GMT by Sam Miles
My sister and I are executors of our deceased mother's estate. This includes her home which is held on trust for her partner as a life tenant and my sister and I as beneficiaries on the partner's death (or earlier termination of the trust). As we understand it, we need to complete forms AS1 and AP1, plus the identity forms. We have everything we need to complete AS1 and the identity forms, and just have questions about how to complete AP1.<br> <br> Are we right to think that we should register the life tenant's interest as a restriction on form AP1 (in box 4)? If so, can you advise how to do this? Is there standard wording?&#160;<br> <br> We assume that the priority order would be transfer to us, then the restriction.&#160;Also, is changing the address for service to my sister's address an application that we should put in box 4 (and what priority) - or is that covered by box 9?&#160;<br> <br> Finally, what documents need to be included with the application?<br> <br> Thanks.
Posted Tue, 24 Jun 2025 10:57:45 GMT by Adam Hookway
Sam - it's legal advice/assistance you need here as to how to protect the will trust and life interest. Whilst we can link you to our PG 24 re Private Trusts we can't then advise you further re wording etc<br> <a href="https://www.gov.uk/government/publications/private-trusts-of-land/practice-guide-24-private-trusts-of-land">Practice guide 24: private trusts of land - GOV.UK</a>&#160;<br> I assume from the details provided your late Mother was the sole legal owner hence you are both, as executors, looking to transfer (assent) to yourselves as beneficiaries. And her partner is not also registered as a legal owner.<br> If that is the case then the Assent would come first in priority order before any restriction was applied for<br> Form AP1 asks you to complete panel 9 with the address details for the new legal owners (applicants) so you would put the address(es) you want for yourself and your sister as appropriate. You would not list that in panel 4 of the form AP1<br> Any Assent would require forms AP1, AS1, probate (certified copy) and ID forms as appropriate<br> <a href="https://customerhelp.landregistry.gov.uk/guide-external-start/?guideid=e0861516-8882-eb11-a812-000d3ad48f95">HMLR Guide: Start - External &#160;· HM Land Registry</a><br> <br> Land registration is complex, designed to protect legal and financial interests in property. There can be significant consequences for any error. Please consider seeking legal representation. Before making an application without legal representation, it is important to&#160;<a href="https://www.gov.uk/guidance/making-an-application-without-legal-representation">consider the benefits of using a conveyancer.</a><br> &#160;
Posted Sun, 29 Jun 2025 10:53:03 GMT by Sam Miles
Thanks very much for the prompt and helpful response, we will follow your advice and use a lawyer. Thanks.

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