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Posted Tue, 03 Sep 2024 10:35:42 GMT by Nick Taylor

Hi,
My sister and I are joint executors to my late mothers estate and in her will our mother left the family home equally to us both. The house was solely in my mother's name and probate was granted a few weeks ago.
Although I've done some research on the gov.uk website I'm still unclear on a couple of points.
This is obviously an Assent so we're using form AS1: I've lived in the property my whole life and for now, will continue to live here. I'm not married and have no dependants, when I die everything will be left to my sister, so for panel 10, do we place an X in the first box, 'they hold the property on trust for themselves as joint tenants'?
The guidance for completing AS1 states that for panel 12, all personal representatives must sign and if panel 10 has been completed, all transferees must also sign, so do we actually need to sign panel 12 twice?!
My main confusion is with regards to which ID form we use, if any.
Looking up ID1 and ID3 on the gov.uk website, under details, Assent is not listed as one of the applications where an ID form is required - transfers are listed as are several other applications but not assent so do we even need to complete an ID form if we are assenting?
Additionally, I'm sure I've read somewhere (although I can't find the link now) that if we are both the personal representatives and the beneficiaries, with probate granted, we don't need to complete any ID form anyway?
Lastly, if we do have to complete an ID form, which one is it because both seem to apply - for ID1 the website says to use it if you're not a conveyancer or UK financial institution (I'm not) and for ID3 it says for use by a private individual.
Sorry for the long post, many thanks for your time and clarification.

Posted Tue, 03 Sep 2024 10:38:45 GMT by Nick Taylor
Apologises, I made a small edit and now additional characters has been added to my post and all the spacing is gone.
Posted Tue, 03 Sep 2024 12:43:38 GMT by Adam Hookway
Hi NIck - I am sorry to read of your recent loss
If the executors are transferring to the beneficiaries then that's correct, it is an Assent
We can't really advise you on how to complete panel 10 above and beyond what we say online - see section 2.10 
However if you do as you suggest then on your demise the legal ownership would pass to her as the surviving joint owner and there would be no registered restriction preventing her from for example selling on her own.
Panel 12 need only be executed once by each of you if you are both executor/beneficiaries as in transferors and transferees. 
Yes, you both need to have your identities verified using either ID1/conveyancer or ID3/others as listed - see PG 67 for guidance - Practice guide 67: evidence of identity - GOV.UK (www.gov.uk)
Posted Fri, 06 Sep 2024 07:44:19 GMT by Nick Taylor
Hi Adam,

Many thanks for the info and clarification.

Could I also ask, is there a legal deadline by which time the name on the registered title held with the land registry must be updated?

I'm just considering where we stand as regards building and contents insurance which runs out towards the end of this year (more of a question for an insurance company I guess) If, for whatever reason, we haven't got the registry updated into both our names by the time the insurance runs out, I'm assuming our only option would be to take out a policy in the name of 'the executors of...' because presumably we can't insure a property (or at least the buildings part) in a different name to that held with the land registry?

Nick

 
Posted Fri, 06 Sep 2024 07:59:59 GMT by Adam Hookway
Hi NIck - from a registration perspective, no. But if ownership changes for example then you should apply to register that as soon as possible after completion.
Timescale pressure re dealing with the estate generally comes from any interested/effected parties but ultimately it's down to the executors to deal with things as quickly as they deem reasonable.
But as you say those extra Qs are very much for your insurance provider to answer.
Posted Fri, 06 Sep 2024 08:56:02 GMT by Nick Taylor
Many thanks for the further clarification Adam.
Posted Fri, 06 Sep 2024 09:40:54 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 
 
Posted Wed, 12 Feb 2025 15:48:52 GMT by Sarah Roberts
Hello, My mother passed away in May of 2023. My brother and myself are executors of her estate and probate was completed in early 2024. We are now getting ready to sell her property. On the land registry form my brother and I are listed as joint owners with my mother. Do we need to complete the AS1 form or is it not needed as we were listed on the registry.
 Do you need further information to check this such as address of property or the  or title number. Do you need proof of probate
thank you regards Sarah Roberts
Posted Wed, 12 Feb 2025 16:49:03 GMT by Adam Hookway
Hello Sarah - if all three of you are registered as joint owners then you don't need probate in order to deal with the property and the two of you can transfer/sell the property. 
The buyer will need a certified copy of your late Mother's death certificate or probate now that you have it to confirm her demise

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