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Posted Tue, 22 Apr 2025 21:02:41 GMT by J Wallis
My 2 siblings and I own plot of land and we are looking to sell the land within the family. One of my siblings passed passed away in 2023 but the land registry has never been updated to my siblings wife's name. 

Now we are looking to sell the land within the family, I am in the process of completing the TR1 & AP1 forms. My question is, if I state my sister in law as the transferor as her husband has passed away and include the grant of probate as identification, will this be sufficient or do I need to ask my sister in law to update the land registry with her name first before then transferring (selling) the land to other family members?
Posted Wed, 23 Apr 2025 05:38:23 GMT by Adam Hookway
J Wallis - the legal ownership has passed to the surviving owners to deal with. You would need to lodge a certified copy of the probate or death certificate merely to confirm the death of the third owner. 

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.
Posted Wed, 23 Apr 2025 21:50:01 GMT by J Wallis
Thank you. If only the surviving owners are to deal with the land, does the wife who now owns her deceased husbands assets not have a say in what happens to the land? I assumed the wife now owns her husbands share of the land based on all her husbands assets being passed onto her? On this assumption, i was of the understanding that the wife would need to sign the forms too.
Posted Thu, 24 Apr 2025 07:01:24 GMT by Adam Hookway
J Wallis - they may have a 'say' as you put it but we deal with the registered title/legal ownership and that passes to the surviving owners to deal with. What 'deal with' then looks like can often be influenced by family members, beneficial interests and any legal requirements. We can't advise you on those aspects as we deal with the outcomes and not the discussion or 'say' that you refer to
If the wife is not a legal owner then she would not be expected to sign forms AP1 or TR1
Please do seek legal advice/assistance with regards the wife's 'say' in such matters re her beneficial interest

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