using form AS1 & ID checks

Hello Land Registry<br> <br> My mother died last year July 2024 ,&amp; we have probate early this year, 2025. She had a property, &amp; under her will has given it to 2 of her sons as beneficiaries, &amp; we have inherited an equal share in her house. The 2 beneficiaries are also the executors.&nbsp; We are considering an option of one sibling buying the other sibling out and then taking full ownership of the house. This would be a cash transaction, no mortgage.&nbsp;<br> <br> Is this done via form AS1?<br> Do both beneficiaries/ executors need to sign the form, or only the one whose name will be on the title register?<br> Do ID checks have to be done for both&nbsp;beneficiaries/ executors or only the one whose name will be on the title register?<br> <br> Thank you

Hello Zeddy - No, if a beneficiary is buying another one out then it's form TR1 you use and not AS1. See our online assisted guidance for help -&#160;<a href="https://customerhelp.landregistry.gov.uk/guide-external-start/?guideid=e0861516-8882-eb11-a812-000d3ad48f95">HMLR Guide: Start - External &#160;· HM Land Registry</a><br> Both will need to transfer as executors to the single beneficiary and ID checks for both will be required

Hi Adam<br> Thanks for the reply.<br> For the TR1 forms, do they have to be signed &amp; witnessed in the presence of a solicitor / conveyancer, or can they be witnessed by any one else?<br> <br> Thanks<br> Zeddy<br> &#160;

Hi Zeddy - please refer to the online guidance on how to complete form TR1 which includes guidance on it's execution/witnessing&#160;<br> <a href="https://www.gov.uk/government/publications/registered-titles-whole-transfer-tr1/guidance-completing-form-tr1-for-the-transfer-of-registered-property">Guidance: how to complete form TR1 - GOV.UK</a>

Hi Adam,<br> <br> Thanks again.<br> For the LR charges, does TR1 adding a beneficiary as the new title owner, fall under scale 1 or scale 2?<br> <br> Thank you,Zeddy

Hi Zeddy - that all depends on how the Transfer is completed re any payment made. See our online guidance re Scale 1 and 2 fees which include examples to help you match your scenario to the correct fee scale -&#160;<a href="https://www.gov.uk/guidance/hm-land-registry-registration-services-fees#contents">HM Land Registry: Registration Services fees - GOV.UK</a>&#160;<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 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>

Dear Adam,&#160;<br> <br> Do we just send one TR1 form, as I, as an executor for my late mum,( my mum's&#160; name is on the LR,) am selling my share to my brother, who is also an executor.&#160;<br> Or should we fill out 2 TR1 forms?&#160;<br> We also prepared a deed of variation form between the 2 brothers: do we need to send this to LR as well?&#160;<br> <br> Many thanks Zeddy&#160;<br> <br> <br> &#160;

Dear Zeddy - you should only require the one Transfer (TR1). As to the Deed of Variation that all depends on what it's varying. If it's varying the will/wishes then generally, No

Thanks so much for your speedy response&#160;<br> &#160;