transfer deeds to beneficiary - which forms?

I am Executor for the estate of Mr R and have the grant of probate. The estate consists of a number of properties. All the properties are registered. I haven't applied to note the death or to register myself as the Personal Representative. Mrs R is the surviving spouse and the sole beneficiary under the will. Please could I check 3 scenarios.&#160;<br> <br> Scenario 1. For some freehold properties Mr R the deceased was the sole owner. Should I use form TR1 or AS1 to register Mrs R the surviving spouse as the new sole proprietor? There is no 'sale' or 'consideration' for the transfer.&#160;<br> <br> Scenario 2. For one freehold property Mr R the deceased was a joint owner with his daughter. They were tenants in common with equal shares. From PG6 I can see that the legal estate is indivisible and vests in the daughter. Do I use form DJP to withdraw Mr R's name as the deceased joint proprietor?<br> <br> In Scenario 2, although the 50 pct beneficial interest passes to Mrs R, it seems we don't need to record or register this at Land Registry. Do I need to take any action to record the transfer of the 50 pct beneficial interest?&#160;<br> <br> Scenario 3. For some leasehold properties Mr R was a joint owner with his daughter and son, but not a beneficial owner. The daughter and son are the beneficial owners. Do I use form DJP to withdraw Mr R's name as the deceased joint proprietor?<br> <br> Scenario 3 has a knock-on effect in that the daughter and son now become both lessors and lessees. They are the same! Presumably we will need to remove one of the two names, or add a third name, so as to avoid the lessors and lessees becoming the same. Which form would we use for this?&#160;&#160;&#160;&#160;

Anthony -&#160;Scenario 1. If Mrs R is the beneficiary then AS1 should be used. Anything else then TR1 to transfer.&#160;<br> <br> Scenario 2. Yes if the legal ownership is to remain with the daughter as the sole surviving legal owner. As the executor you have no direct role to play re the property as the deceased's legal ownership does not form part of his estate<br> You/they need legal/financial advice to understand the options available re the 50% beneficial share to decide what's best for both. We register the 'choice' made and have no role in advising on what's best for example<br> <br> Scenario 3. If Mr R is registered as a joint legal owner then you can update the register re his death using form DJP plus copy death certificate<br> The same people can be lessors and lessees so if they are concerned by that then it's legal advice they need. And if they decide to transfer the legal ownership in some way then the same forms AP1, TR1 and ID1/ID3 would be needed as per any transfer of legal ownership&#160;<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&#160;legal representation. Before making an application without legal representation, it is important to&#160;<a href="https://www.gov.uk/guidance/making-an-application-without-legal-representation">consider the benefits of using a conveyancer.</a>

<p>Thank you for this prompt and helpful reply. We will use a solicitor to submit the applications to HMLR but first wanted to understand the correct procedures.&#160;</p> <p>One last question. Regarding Scenario 2 we will take advice on this but it is likely we will leave the legal ownership with the daughter and transfer Mr R's 50 pct beneficial interest to the daughter, so that the daughter becomes the sole legal owner and the sole beneficial owner.&#160;</p> <p>In your reply above you write &quot;we register the 'choice' made&quot; regarding the 50 pct beneficial share. How do you do this? Is this something we would declare on a form TR1?&#160;</p> <p>&#160;</p>

Anthony - form TR1 (and AS1) are prescribed forms used to transfer the whole of the legal ownership. If MR R's 50% of the beneficial ownership is going to the daughter then form DJP + copy death certificate can be used to remove his name. If the 50/50 split is protected by way of a form A restriction on the register and the daughter is now the sole legal and beneficial owner, then forms RX3/ST5 can be used to apply to cancel that for A restriction - PG 6 explains this in section 8&#160;<br> <a href="https://www.gov.uk/government/publications/devolution-on-the-death-of-a-registered-proprietor/practice-guide-6-devolution-on-the-death-of-a-registered-proprietor">Practice guide 6: devolution on the death of a registered proprietor - GOV.UK</a>