Inheriting Property (Tenants In Common)

Hello,

My father passed away recently and he owned a property with my mother as tenants in common. In his will he has left his share of the property to me as the only beneficiary. I am also the sole executor and have grant of probate. The property has no mortgage and is registered with HMLR.

If I want to transfer the ownership of my father's share of the property to my name, so that my mother and I become joints owners as tenants in common, I believe have to complete AP1, TR1 and ID3.

I'd really appreciate if you could kindly answer a few questions I have about completing TR1.

In panel 4 do I put down my father as the transferor?

In panel 5 do I put down myself as the transferee?

In panel 8 do I select ‘Insert other receipt as appropriate’ and write ‘Terms of a will?

Do I leave panel 10 blank since I’m the only transferee?

Kind Regards,

Abul

Hello Abul - you can't transfer a half share and any transfer would have to be of the whole title by your Mother to herself and you, if that's what is decided/wanted.
Forms AP1, TR1 and ID3 (or ID1) are the correct forms to be used
The Transferor in panel 4 of form TR1 would be your Mother
In panel 5 it would be your Mother and You as Transferees
In panel 8 it's for you to select the right option/wording and panel 10 should be as per how both you and your Mother then wish to hold the property/title
See Guidance: how to complete form TR1 - GOV.UK and if you remain unsure then please do seek legal advice
NB - probate is not required in this case as the legal ownership does not form part of your late Father's estate. However you can submit a certified copy of the probate (or death certificate) with the application to confirm his death
 

Hello Adam, thank you for your response. With my father passing away, does this mean my mother becomes the sole owner of the property? Would I need to fill in a separate form to remove my father's name from the property? 

Abul - if the property is jointly owned, and one of those owners dies, then the legal ownership passes to the surviving joint owner. Form DJP plus certified copy of the death certificate can be submitted to update the register re the death
His will/wishes still have a part to play but IF there is to be any change to the registered legal ownership, such as a transfer to a beneficiary, then my original post assist
HMLR Guide: Start - External  · HM Land Registry
If you are unsure as to what happens next or what rights you have as a beneficiary then please do seek legal advice 

Adam - I've copied and pasted the below from https://www.gov.uk/joint-property-ownership . As mentioned, my parents owned the property as tenant in common. The below suggests my mother does not automatically get my father's share of the property and that his share can be passed on as per his will. Have I misunderstood what you have said?
 

Joint tenants

As joint tenants (sometimes called ‘beneficial joint tenants’):

• you have equal rights to the whole property
• the property automatically goes to the other owners if you die
• you cannot pass on your ownership of the property in your will

Tenants in common

As tenants in common:

• you can own different shares of the property
• your share of the property does not automatically go to the other owners if you die
• you can pass on your share of the property in your will

Abul - it's important to separate the legal and beneficial ownerships when dealing with land/property and specifically when one of joint owners dies.
The guidance you have copied from relates to their beneficial ownerships. That can be split and relates to the 'share' you mention. You can split/share your beneficial ownerships but the legal ownership which we register is always dealt with as a whole. It can't be spit/shared.
To put it into your terms your Father's share can be passed on/left to anyone but that's his beneficial share, the £s and pence value of his share in the property.
But the legal ownership, the land, bricks and mortar, can't be split/shared so that passes as a whole to the surviving joint owner, your Mother. 
So when your Father died IF he left his beneficial share to you then you and your Mother have to decide how you wish to deal with that. You have options to consider and the two most common are either just updating the register re the death or her transferring the legal ownership from herself to herself plus you. 
My advice would be to seek legal/financial advice to decide what options exist and what's best for the two of you - things to consider are whether the 'tenants in common' aspect is sufficient to protect your beneficial interest, whether being a legal owner impacts on your own property ownership in some way or impacts when you may buy your first home etc
Hope that helps explain the difference between the legal ownership, which is what your first enquiry was about and the beneficial ownerships/TIC that you have then added
NB - there are a number of threads on the forum that deal with similar enquiries and the nuances between legal and beneficial ownership. For example this one may assist - Death of a tenant in common · HM Land Registry

Many thanks for all your advice