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Posted Fri, 29 Dec 2023 13:11:57 GMT by Rachel Dixon
Hello, please can you advise?  I'm acting on behalf of my brother in law and sister.
My brother in law wants to add my sister to his property's title deeds, he bought it from our Local Authority before they were married.
There is no mortgage, my sister paid the mortgage off some time ago.
Do we need to fill in AP1 and TR1 and two ID3's?  Or just AP1 and two ID3's?
The current value is circa £130,000.
Please could you advise what to put in section 4 of the AP1, no money is changing hands now, but as mentioned my sister in law paid the mortgage off some time ago.  Is it "transfer by way of gift" or something else.  Do we put the current market value on the form, and what is the fee please?
Also, my brother in law's name was changed when he was a child by his mother, we don't know by what method, we have his birth certificate with his biological fathers name on, but his passport is in his current name.  Do you need any paperwork regarding this?  We are unlikely to be able to find any as he has none and his mother has passed away.
Thank you

 
Posted Sat, 30 Dec 2023 07:22:10 GMT by Adam Hookway
Hello - AP1 (application form), TR1 (Transfer deed) and 2 x ID3s is correct
Panel 4 - Transfer by way of a gift - add "Full market value" and 130K - the fee is then Scale 2 on half that value
Your BIL will be registered already so we have his name on record so if he's using that name still then it may not be an issue.
However if you are saying that his name has changed for some reason then that will need to be proven when submitting the application - I would suggest he seeks legal advice as to what his legal name is and if that needs changing how to do that.
The key for us would be the name he is registered with. We don't deal with legal issues re names so I'm unsure how he managed to get a passport in a name that didn't match his birth certificate but something to seek legal advice on as mentioned
Posted Sat, 30 Dec 2023 10:07:15 GMT by Rachel Dixon
Many thanks Adam
So is the fee £45?
We definitely know his legal name is his current name and that is registered with you already, so I think we should be alright.
One more question, as the property was bought from the Local Authority, we have obtained a letter from them saying this is an "exempt disposal", will that suffice?
Thanks
Posted Sat, 30 Dec 2023 12:24:40 GMT by Adam Hookway
Rachel - £45 would be the correct fee as it's a postal only application
If it's been registered in his name for a number of years then I doubt if there's a need for any evidence re the 'exempt disposal' - you'd need to check the register to see if the local authority has any protected interest referred to 
Posted Sat, 30 Dec 2023 16:09:40 GMT by Rachel Dixon
Thanks Adam, your help is much appreciated.
Posted Fri, 05 Jan 2024 11:23:15 GMT by Rachel Dixon
Hello again
Who is able to certify the copy documents (which we have listed in Panel 5 of the AP1 form) which we are sending to you please?
Thanks
 
Posted Fri, 05 Jan 2024 12:57:18 GMT by Nimish Patel
Rachel - Please refer to the guidance - https://www.gov.uk/certifying-a-document
Posted Fri, 05 Jan 2024 13:17:22 GMT by Rachel Dixon
Thanks Nimish - would this include a retired police officer, as they are held in good standing?
Posted Fri, 05 Jan 2024 14:55:18 GMT by Nimish Patel
Rachel - The list does not include anyone who may be retired from their profession. 

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