Clarification of forms required for assent.

Hello,

Mum passed away in December. My brother and myself have obtained probate, as executors and trustees. As Mum’s will has stipulated a lifetime interest  trust for my father in the property, which she solely owned, on researching and ploughing through LR guides, I believe we have to complete forms AS1, AP1 & ID1(x2), to register the property in both our names The property at the end of the trust period will become my brothers absolutely . Is this all that is required at this point? My understanding also is that a teaching professional is not considered legitimate as an ID verifier in this situation.

Thank you for your time

Debbie

Hello Debbie - a form AS1 is used to transfer (assent) a property where the executors are transferring to the beneficiaries. Form AP1 is the application form and form ID1 is the identity verification for each party.
Form ID3 can be used by others as listed in PG 67 to verify identities as appropriate - Evidence of identity (PG67) - GOV.UK and a teacher is not one of the listed professionals
It's unclear from your post whether you are transferring the legal ownership to you and your brother or your brother and Father and apologies if it's just my poor understanding
If you are transferring into joint names then the legal ownership does not automatically transfer at the 'end of the trust'. The register can be updated re a death and the legal ownership then passes to the surviving joint owner to deal with. But how the trust is then wound up/ended and what happens to any beneficial shares would be something to seek legal advice on 
I appreciate that you have ploughed through our guidance already but the key Q and A you need to consider is how best to protect your Father's lifetime interest trust and what options exist re how you update the register re the name(s) of the new legal owners as appropriate. You do have options and it's worth ensuring that you all are aware of what those are and what's 'best' and how future events then impact also
For that reason our online assisted guidance covers the various registration options once you have decided which one is 'best' as we are not privy to or involved in the decision-making process you have one through - HMLR Guide: Start - External  · HM Land Registry
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.

<p>Hello Adam,</p> <p>Thank you for your prompt response and the information and sign posting contained within, which is very much appreciated, especially on a Sunday! … I thought as trustees both my brother and myself would need to be named as owners,&#160;but maybe there is an alternative that will make things more straightforward at a future date by putting my brother down as sole owner and completing an RX1 to protect my 87 year old father’s life interest trust. I think seeking legal representation may be the way forward as you suggest.</p> <p>Thank you again for your time.</p> <p>Debbie</p> <p></p> <p></p>

Hello Again,

Are you able to clarify if Land Registry require an AS1 or TR1, I’m still a little confused. Mum sole owner, now deceased, left a lifetime interest trust in her will in respect of my father.    My brother and myself are both executors, and as such we want to transfer the property into our names as trustees also.  Seem to keep confusing myself each time I research . 

Thank you for your time again

Debbie

Hello Debbie - it can be confusing hence our recommendation to seek legal advice/assistance as appropriate
Form AS1, Assent, is used where an executor of a sole legal owner is transferring the property to his/her beneficiary
Any other Transfer would be by way of form TR1
 

Thanks once again Adam for the clarification.

Debbie