Am I looking to Assent or Transfer? And which Forms do I need to submit?

I am both the Executor and beneficiary of my fathers will. I have been granted probate and am now trying to deal with the property under the terms of the will.  He was joint owner, tenant in common on a 50/50 basis with his surviving spouse (my mother).  Under the terms of the will a trust has been created for his 50% share for his beneficiaries (myself and my brother on a 50/50 basis).  My Mum as the joint owner obviously retains her 50% share separately.  So my question is which forms do I use (AS1, TR1 or both), and specifically on the forms do I list the beneficiaries of the transfer as myself and my brother or myself, my brother and my mum ?  What I want to achieve is that my late fathers share is transferred to myself and my brother as the beneficiaries of the Trust and my mum’s share remains as is?

Thanks.

Nigel Goddard

Nigel - If the property is registered in your father and mother's names then you would need to use the form TR1.   The form AS1 applies if the property was in your father's sole name and was being assented to the beneficiaries of his estate. 

It is not for us to tell who should be listed as the transferees, i.e. the legal owners on the register, but if the intention is for you, your brother to be registered as the legal owners together with your mother, then you all would have to be listed as the transferees on the form TR1.

Hope this helps. 

Thank you Nimitz, yes I believe it does, I’ll complete TR1 and submit.

Nigel