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How to complete TR1 after probate to allow gifting of part of property
How to complete TR1 after probate to allow gifting of part of property
Posted
Fri, 27 Feb 2026 16:08:19 GMT
by
Sean Dorran
Hello I hope you can please advise for an enquiry which does not seem to fit neatly into your helpful website and video support sections. My wife is a joint owner of a property with her parents. Sadly her parents have both passed away last year. Her father died first and passed all his estate to his wife (my wife's mother). Both of her parents' names are still on the land registry deeds for the property Their wills passed their share of the ownership of the property to their grandchildren. My wife is the executor of her mother's will and has received probate The plan is to sell the house and share the proceeds as per the will. But first my wife wants to gift a part of her share of the property to one of our children. We assume we need AP1 & TR1 to do this. But we struggle to know how to detail the names of the transferors and transferees, now that 2 of the 3 owners have died. We are thinking that: 1. We do not use her father's details in the transferor or transferee sections, because his will transferred his share of the house to his wife. We will only use her mother's details and allocate her the share of the property which belonged to both her and her husband. 2. For the signatures in box 12 my wife will sign for herself and then also for her mother, whilst making a note that she is doing so as the executor of her mother's estate and has received probate Do you believe our approach above is correct or do you have better advice for us ? My thanks
Posted
Fri, 27 Feb 2026 16:36:03 GMT
by
Adam Hookway
Hello Sean - the first thing you ned to do is to get legal advice as to what your options are and what's 'best' in the very specific circumstances. It's our role to register the outcomes and we don't offer advice on what's 'better' or not.<br> If the property is registered in their three names then probate is not needed for either parent as the property does not form part of their estate(s). The legal ownership has passed to your wife to deal with. Transferring the legal ownership is one option to consider<br> If you do decide to transfer the legal ownership then forms AP1, TR1 and ID1/ID3 will be required and your wife would be the Transferor. Any application should include a certified/official copy of either the death certificates or probates for each parent.<br> The children need to be over 18 also<br> The wills/shares you refer to relate to the beneficial ownerships involved and that's where your legal/financial advice needs to come in to discuss options and what's 'best' for your wife and the children and how the beneficial ownerships are best protected and/or realised.<br> You will find similar scenarios shared on this forum especially with regards legal/beneficial ownerships, trusts and wills. But please do seek legal advice as your scenario will be unique re the property, parents/joint legal ownership and the shares you refer to
Posted
Fri, 27 Feb 2026 17:21:46 GMT
by
Sean Dorran
Thank you, Adam, your comments are clear and much appreciated. I have follow-up question, if I may please, on the ID1 form. The form says ...This form is also not required where the true value of the land to which the transaction relates is not more than £6,000... For this scenario of gifting only a part share of the house, does the £6,000 limit apply to the total value of the property or just the value of the share being transferred/gifted ?
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