who do i need to complete form ID1 for in this transfer scenario

My farther recently passed away and i am sole executor of his will. 

He was a tenant in common to with my mum at their property with both on the title deeds. He left me and my deceased brothers partner his half of the property while my mum will remain on the deeds as existing tenant. there is no mortgage or outstanding loans against the property. 

I have a grant of probate, will and all death certificates

I have listed the following people on form AP1 panel 14

My deceased farther as Transferor
myself as transferee
My brothers surviving partner as transferee
My mother as Existing proprietor

i know i have complete form ID1 for both transferee's but do i also have complete one for my mother who is an existing proprietor?

also should i tick in section 2 of panel 14 box "for each applicant names in panel 6 is enclosed" (myself and brothers partner) or "for each unrepresented transferor, landlord, tranferee, tenant, borrower, or lender listes in (1) is enclosed

Matthew - the legal ownership has passed to your Mother as the surviving joint owner to deal with as appropriate. Probate is not required for the property.
If the property is to be transferred then that would be by your Mother as the legal owner and transferor. As your Father has sadly died he can't be a party to the transfer. You can only ever transfer the whole of the legal ownership 
Your Mother plus the two of you would be transferees and identity verification would be need for all three of you.
The application should include a certified copy of either the death certificate or probate 
This is covered in several threads on the forum and I always recommend that you do seek legal advice as to what options exist re your late Father's share, your beneficial interest and what's 'best' re the property for both Mum and the two of you.

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 consider the benefits of using a conveyancer.

Hi Adam, 

thanks for replying. 

My farther's will is very specific in that his half of the property is transferred and then owned to myself and my brothers partner and NOT my mother. 

would my mother still be transferee in this case? or should i remove my farther from the deeds and then get my mother to transfer the property to myself and brothers partner



 

Hi Matthew - noted and understood and his 'half' as you put it is in the beneficial ownership of the property. Not the legal ownership which we register.
As the legal ownership is only ever transferred as a whole your Mother must be the transferor. And as she is remaining as a legal owner she is also a transferee as well as she is transferring the whole of the legal ownership to herself plus your late Father's beneficiaries.
The key here is understanding the will, tenants in common and trust created and how that impacts following his death
If you decide that you and your brother are going to be joint legal owners with your Mother then the guidance I have given should be followed