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Posted Thu, 05 Jun 2025 12:41:43 GMT by Mark Finniear
I am executor for my late sister-in-law, who died last year.  We have been granted probate.  My sister-in-law was one of 4 tenants in common for a house, all owning equal shares of 25%.  In her will she bequeathed her share of the house to her brother (who was not one of the existing tenants in common for the house in question).  Which forms do I use to transfer her share of the property to her brother?
Do I simply complete AS1, quoting the title number for the house and the Land Registry will simply update the registry, replacing her name with her brother's name?
AS1, AP1, ID1 (for me as executor and her brother as transferee)? 
Do I need to involve the other tenants in common in the process and if so, where are they named on the forms and in what capacity? 
Thank you
Posted Fri, 06 Jun 2025 15:43:37 GMT by Adam Hookway
Mark - you can't transfer a beneficial share. We register the legal ownership and that is always dealt with as a whole. As such if the legal ownership is to be transferred to a new joint owner then the surviving three joint owners will need to transfer the whole to themselves and the 4th person as appropriate
HMLR Guide Page  · 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.
 

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