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Posted Sat, 23 Mar 2024 09:48:32 GMT by Ian Lord
My parents' house is jointly-owned, 50/50 as tenants in common. I've just been left my mum's share after she passed away. My 96-year old father now wants to gift his half share to me before he also passes.

1. What forms do I need to do this? I think AP1, TP1, ID 1, plus Property Deed of Gift?

2. Is it material that my Dad now lives in Australia?

3. I assume he would have to have a local solicitor verify his identity?

Thanks.
Posted Sat, 23 Mar 2024 11:23:26 GMT by Adam Hookway
Ian - AP1, TR1 and ID1/ID3 as appropriate. No deed of gift as the TR1 by your Father to you is the legal deed needed to transfer the whole of the legal ownership
Dad living in Australia is not material but please refer to PG 67 for guidance on how to verify his identity
Posted Sat, 23 Mar 2024 12:14:36 GMT by Ian Lord
Thanks Adam,

So, it's the TR1 form, even though he only owns half as a tenant in common?
Posted Sat, 23 Mar 2024 12:20:43 GMT by Adam Hookway
Ian - that's correct. You can only ever transfer the whole of the legal ownership, which is what we register. 
The % shares/tenants in common you refer to relates to the beneficial ownerships and that's something different.
Easiest way to explain it is that the legal ownership is the land plus bricks & mortar. You can't split them in half and have half a kitchen, half a bathroom etc so it's always dealt with as a whole
The beneficial ownership is the value of the land plus bricks & mortar, so the £s and pence essentially. That can of course be split so £100K each on a £200K property. Hence you can leave half the value to someone else in your will or sever your joint tenancy to gift that half share to someone else etc. 
So if you have joint owners and one has died then the legal ownership, as it's a whole, passes to the surviving owner to transfer. So Dad transfers the whole using form TR1 and that can be to himself plus the beneficiary or to the beneficiary alone or whoever as required.
Hope that helps but please do seek legal advice to confirm/clarify especially with regards what might happen next and the impact of future events etc
Posted Sat, 23 Mar 2024 12:27:49 GMT by Ian Lord
Well, I'm not sure I understand completely, but I do thank you for your prompt reply. I shall proceed with TR1, AP1 and ID1 or ID3 as appropriate.

Thanks,

Ian.
Posted Sun, 24 Mar 2024 15:51:07 GMT by Ian Lord
Adam, Apologies, but I have some questions about the forms as I am struggling with some of the definitions and so on.

Form ID1, Section 2A -
  1. My father lives in Australia, and holds a valid UK passport. Is a local solicitor or conveyancer local to him permitted to complete Section B, or must it be a lawyer?

Form AP1 Bearing in mind I am not a conveyancer:-
  1. Panel 10 & 11 - How should I complete them?
  2. Panel 13 - Do I leave this blank?
  3. Panel 14 - do I leave this blank?

 

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