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Posted Fri, 18 Apr 2025 11:59:46 GMT by Louise Jones
Hi, I'm really struggling with this so any advice would be greatly appreciated!!

My husband and his sister inherited a property about 10 years ago.
The property is now solely owned by my husband.
We recently found out that the executor (mother in law) did not do any paperwork to transfer the property to my husband and sister.
The property is not registered with land registry, but we have possession of all the title deeds.

I am trying to work out if we can do this ourselves without the need of a conveyancer.

This is my plan of action, if anyone could verify it would be appreciated 

Complete FR1 -  Im not sure if it should be in the executors name on this form or my husband?
Submit original deeds
Submit ID1 (for executor/mother in law?)
Submit grant of probate
Submit death certificate 
Submit form DL1

Then

Submit AS1 to transfer to husband and sister
Sumbit ID1 for executor, husband and sister 

Then

Submit TR1 to transfer to husband
Submit ID1 for husband and sister

If this is all correct, would you advise submitting all the forms at the same time?

Many many thanks in advance for for any help!!
 
Posted Sat, 19 Apr 2025 06:05:28 GMT by Adam Hookway
Hi Louise - if I understand correctly the property is unregistered but you don't state who the actual owner(s0 were before your husband and sister inherited.
If the property was solely owned and the executor transferred the ownership to your husband then that should have triggered first registration. If that didn't happen then an application to register for the first time should be submitted along with an explanation as to why 10 years has been allowed to pass - Practice guide 1: first registrations - GOV.UK
If that's not the case can you explain who owns the unregistered property based on the existing deeds

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.
Posted Sat, 19 Apr 2025 09:03:27 GMT by Louise Jones

Thank you.<br> <br> The property was solely owned by my husband's great great aunt. The executor, his mother did not process any paperwork at all with HMLR and so no transfer or registration has ever happened since the aunt passed away.<br> <br> So as I understand from your reply an FR1 does need to be completed (as a compulsory registration?) but I'm not clear whether this should be completed with the executors details or my husband's.<br> <br> Thank you

Posted Sat, 19 Apr 2025 11:03:33 GMT by Adam Hookway
Louise - noted and appreciated. The property still forms part of the late great great aunt's estate until it is transferred. Her executor, the MIL, can transfer the legal ownership to your husband and trigger the need to register for the first time
HMLR Guide Page  · HM Land Registry
Posted Sat, 19 Apr 2025 11:41:58 GMT by Louise Jones
Thank you Adam.

Would the assent AS1 also need submitting or is it no longer required given the amount of time and that the property is now owned by my husband?
Posted Sat, 19 Apr 2025 12:14:51 GMT by Adam Hookway
Louise - if the property is still owned by the late great great aunt then it will need to be transferred to your husband. That can be by way of an Assent or Transfer 
The legal ownership does not change on inheritance alone

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