Correct use of Form AS1

My partner and I held the title to a property as tenants in common, each with a 50% share, and with a Form A restriction. My partner recently died, and her will gifts the interest of her share to me for life, and then, as ultimate beneficiary, the capital value to her daughter by a first marriage, to be administered by trustees appointed in the will, who are also the executors (myself, her daughter, my son). Is it correct and/or necessary, to use Form AS1 to add the other two trustees' names to the legal title, and if so, how to indicate on the form that this applies to a 50% share, not the whole title? Or is it sufficient to update the Registry with the death, given a Form A restriction is already present, presumably leaving the legal title as it is? Or are both options possible, depending on the views of the executors/trustees? Legal advice seems to vary, suggesting differences in custom and practice.

Stephen - I am sorry to read of your loss. Form AS1 is used when an executor is transferring the whole legal ownership to a beneficiary. The answer is therefore a No with regards your scenario

With regards your wider Qs both options are possible and I would strongly recommend you seek legal/financial advice as to what's 'best' for all involved. If you decide that the title is to be transferred to new owners, namely yourself and the two trustees, it would be you who transfers the whole legal ownership to yourself plus the two trustees. The form TR1 would enable you to then state the % shares held if you wished to If you decide that the form A restriction is sufficient to protect the trust/beneficial interests created you can apply to update the register using form DJP plus certified copy death certificate as appropriate. The form A restriction would remain in place in both scenarios

Thank you for your prompt reply, very helpful. The will solicitor advised in favour of using Form AS1, so I will have to try again there.

Stephen - form AS1 is only used in the circumstances where the executor is transferring the legal ownership of a sole registered owner. As the legal ownership of the property did not form part of your late partner's estate her executor, even if you, has no role to play in the transfer.