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Posted Thu, 22 Aug 2024 08:49:07 GMT by Tracey Woodward
Hi

Property held jointly by my father and mother.  My father died and held a trust will, leaving half of the property to my mother and the remaining half of the property jointly to myself and my brother.  We are both Executors of the Will and are applying for Grant of Probate. I would like clarification of which form I need to complete to amend the title register.  Is it form AS1? Can you confirm that once Grant of Probate is received I can certify this as a true copy myself?  Would you need to see a copy of the Will?

Kind regards

Tracey Woodward
Posted Thu, 22 Aug 2024 09:30:09 GMT by Adam Hookway
Hi Tracey - I am sorry to read of your loss. I'm assuming that your Mother is still alive and if so then the legal ownership has passed to your Mother to deal with and probate is not required to deal with the property.
The legal ownership is always dealt with as a whole. It is the beneficial ownership that can be split in the way you described.
If the property is to be transferred then it would require a Transfer (form TR1) by your Mother to herself plus you and your brother. Our online guidance explains what's required
The reason I say 'If the property is to be transferred' is that it is always recommended that you all seek legal/financial advice before deciding on what to do. We deal with the outcome of such advice and once you have decided what's best. 
Posted Thu, 22 Aug 2024 10:43:22 GMT by Adam Hookway
HM Land Registry public guidance - GOV.UK (www.gov.uk) - have your say to help us to improve the support we provide 

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