Death of a sole registered proprietor and transfer to Trustees (one of whom has died recently)

Hi<br> <br> My uncle passed away last year and I've been helping my aunt with his estate.&#160; My uncle held their house in his sole name and on his death it was to pass to two trustees who are to hold it until my aunt either dies or choses to move.&#160;<br> <br> I understand that I need to complete a Form AP1 to remove my uncle's name and submit an office copy of the Grant of Probate.&#160; Could you please advise whether I need to complete any further forms and whether a fee is payable.&#160; In respect of the Trustee who has died, should I also a submit an office copy death certificate?<br> <br> Finally, this means that there is now only one trustee remaining, namely, my aunt and she would like to name two others to act with her.&#160; We will shortly have a Trust Deed containing the names of the two new trustees.&#160; Should we submit this at the same time and, if so, are there any other forms or fees applicable.<br> <br> Thanking you in anticipation of your cooperation.

Hi Devika - it's legal advice you need here to consider what options exist and how best to protect your aunt's interest and/or register the executor/trustees as the legal owners.<br> <br> If you submit form AP1 and probate then we would register the named executor and in their capacity as personal representative<br> <br> If the property is to be registered in the name of a Trustee then the executor will need to transfer (forms TR1 and AP1) the legal ownership. If one of the trustees has died we don't need to be made aware as any transfer would simply be to the surviving one<br> <br> If new trustees are being appointed then the other option is for the executor to transfer the ownership into their names as well<br> <br> We have no role to play in such options/decisions. We register the outcome hence the recommendation for you/your aunt/trustees to seek legal advice to consider options and what's 'best'&nbsp;<br> <br> Our online assisted guidance takes you through a series of Qs the answers to which then guide you to the forms and more needed to then apply to update the register as per any decision made -&nbsp;<a href="https://customerhelp.landregistry.gov.uk/guide-external-start/?guideid=e0861516-8882-eb11-a812-000d3ad48f95">HMLR Guide: Start - External &nbsp;· 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&nbsp;<a href="https://www.gov.uk/guidance/making-an-application-without-legal-representation">consider the benefits of using a conveyancer.</a><br> &nbsp;

Hi Adam<br> <br> Thank you for your prompt reply.&#160; Apologies if it sounds as though I'm looking for legal advice for my aunt. I am not.&#160; My aunt knows exactly what she wants and needs to do but we want to be sure we are using the correct forms.&#160; We understand that to remove my uncle's name from the register and to replace it with the names of the two trustees who are named in the Grant of Probate, we need to submit completed Form AP1 and TR1;&#160; completed Form ID1/ID3 for each person, the Grant of Probate for my uncle's estate, a fee, and the death certificate for the deceased trustee as he cannot complete a Form ID1/ID3.&#160; At the end of that process, my aunt will appear on the Title as the sole surviving trustee.<br> <br> As the sole surviving trustee, my aunt then wishes to name two additional trustees to act with her while she is alive but who can continue to manage the trust and give effect to my uncle's wishes upon her death.&#160; A Trust Deed to that effect is already being prepared so we are not asking for any legal advice in relation to this. We would just like to know what further forms we need to complete to achieve the registering of the new trustees alongside her and whether a further fee would be payable.<br> <br> I look forward to hearing from you with your further advice.<br> <br> &#160;

Hi Devika - no apology necessary as I was simply recommending that you should seek legal advice.<br> Knowing exactly what she wants is fine but it's knowing how that legal position then translates into how to update the legal ownership of the property whilst also protecting the trust/beneficial interests involved. It's that last part we can't advise you/her on<br> <br> As your uncle was the sole legal owner then probate is required. HIs executors can then deal with the estate and that includes the property.&nbsp;If the property is to be transferred to someone other than the beneficiaries then form TR1 is required along with form AP1, probate and ID1/ID3 for all the parties involved. And a scale 2 fee is payable.<br> I note you have also rung us on the support line and received guidance on how to make an application&nbsp;<br> <br> If one of the executors as named in the probate has died you need to ensure that the remaining executor can act on their own. They are not 'trustees' but executors when named in the probate. You are inter-mixing executor/trustee and it's important to be clear as what needs to happen re the legal ownership and beneficial interests as previously stated.<br> <br> The key Q appears to be how were the executors to deal with the property and how has the death of the second executor impacted on that? And from what you have stated your late uncle's wishes and the trust created before he died remains in play with your aunt now looking to add to that/create her own trust.

Hi Adam, the executors and trustees are the same people just wearing different &quot;hats&quot;.&#160; The trust was set up as a will trust and so came into being on my uncle's death.&#160; Under the will, the property is given to the trustees to hold for my aunt to reside in until she either choses to move or dies and thereafter the trustees hold the property for my aunt and my uncle's daughter from a previous marriage.&#160; Thus on my aunt's death, the property will be sold by the trustees and the proceeds divided equally between my aunt's estate and my uncle's daughter.<br> <br> At the moment, the death of the second executor and trustee has not impacted too much on the &quot;finalising&quot; of the estate (the estate won't really be finalised until the house has been sold and my uncle's wishes have all been carried out).&#160; My aunt is 83 and is keen to ensure that other trustees are named and able to deal with the selling of the house otherwise we will have a situation where there are no trustees.&#160; It is for this reason that I ask what further forms are required.&#160; My aunt is not looking to add to the existing trust other than to ensure it's smooth running upon her death by naming two additional trustees.&#160; She is certainly not looking to create her own trust.<br> <br> I hope that clarifies the situation.

Hi Devika - all noted and appreciated. The reason I highlighted the different &quot;hats&quot; is because we deal with the executors in this scenario rather than the trustees when it comes to the legal ownership. It's important to appreciate the difference in &quot;hats&quot; and I am sure you do<br> Similarly we don't deal with the 'estate', the will or wishes hence my recommending seeking legal advice. Dealing with the registered title is often the simplest of tasks provided you have considered options, agreed what needs to happen with it - you then complete the required paperwork. It's knowing what's best that counts and then what's required to match that choice.<br> If the property is to be transferred into the name of your aunt plus two others then it is the forms AP1, TR1, ID1/ID3 and Scale 2 fee that we will require&#160;<br> &#160;

Hi Adam, I really appreciate your time and patience in dealing with this matter.<br> <br> I just want to be absolutely clear what forms I am submitting.&#160;&#160;<br> <br> To remove my uncle's name from the register and to replace it with the names of the two trustees who are named in the Grant of Probate, we need to submit completed Form AP1 and TR1;&#160; completed Form ID1/ID3 for each person, the Grant of Probate for my uncle's estate, a scale 2 fee, and the death certificate for the deceased trustee as he cannot complete a Form ID1/ID3.&#160; At the end of that process, my aunt will appear on the Title as the sole surviving trustee.<br> <br> To add the two additional trustees, we need to complete Forms AP1, TR1, ID1/!D3, pay the scale 2 fee and presumably you would need a certified copy of the Deed of Appointment of the two additional trustees.<br> <br> Can I do all this as one transaction or do I have to submit it as two separate transactions with two lots of fees?&#160; If I can submit everything as one transaction, can you please suggest how I should list the order of applications in Box 4 of AP1.&#160; Similarly, on form TR1 do I list the Transferees as my aunt with the additional two trustees?<br> <br> Many thanks for your continued assistance.

Hi Devika - if the legal ownership is to be transferred by the executor(s) to new legal owners then forms AP1, TR1 plus ID1/ID3 are required as posted<br> If the probate names two executors, and one has since died, then we will need a certified copy of the death certificate<br> <br> There is no need to do one transfer to your aunt and then one from her to whoever. Your uncle's surviving executor can transfer the legal ownership to your aunt plus two others if that's the end result your aunt wants.<br> This is why the legal and beneficial ownerships should always be considered fully to understand how each works. The former is what we register and is usually the simpler to deal with and follow as it is always dealt with as a whole.<br> <br> Whilst the will, trust, wishes and more relate to the beneficial ownership and can make it appear as if a share of the legal ownership is being transferred it still has to be done as a whole hence for example IF your aunt was the sole legal owner and she wanted to add two trustees then she would transfer the whole to herself plus the two<br> <br> Panel 4 of form AP1 need simply refer to Transfer - £X (full current market value) and the fee being paid&#160;<br> And the Transferor is the executor and the Transferees are your aunt plus the two others&#160;