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Posted Fri, 07 Mar 2025 12:20:22 GMT by Graham Richards
Hi
I'm preparing a TR1 to transfer the house I owned as Tenants in Common at 50% each with my late wife to myself and the trustees of Property Trust established on her death though her will.

I am therefore a Transferor as an individual, a Transferor as an Executor for my late wife, a Transferee as an individual (to retain my 50% share), and a Transferee as a Trustee.

My question is - Do I need to sign (Execute) the TR1 4 times in each of those capacities, or will one signature suffice?

Thanks
Posted Fri, 07 Mar 2025 13:30:08 GMT by Adam Hookway
Hi Graham - the very simple answer would be No as you don't transfer in the way you are suggesting.
When a joint owner dies the legal ownership passes to the surviving joint owner to deal with, for example transfer. So you are the only Transferor in your scenario.
The TIC aspect you refer to relates to your beneficial ownerships/shares. That needs to be considered with regards who is actually going to be registered as joint legal owners and that will most likely depend on how the trust is set up.
You refer to the 'trustees of Property Trust' and your being 'a trustee' so you may wish to seek legal/wider advice as to how the trust is already perhaps protected or options to consider re doing so/transferring the legal ownership when you are actually fulfilling the roles as legal owner and trustee already.
Our PG 24 offers a degree of registration guidance but it's really legal/wider advice you need here re options for both you and other trustees/beneficiaries as appropriate 
Practice guide 24: private trusts of land - GOV.UK
However you may have already done so and if you are wishing to transfer the legal ownership/title then you are the sole Transferor and only need to execute the form TR1 the once
 
Posted Fri, 07 Mar 2025 14:44:54 GMT by Graham Richards
Thank you.

1) Would it wrong (ie the TR1/deed would be invalid/rejected) if I and the 1 other executor signed/executed the deed as Transferors? Or is it just unnecessary? Just curious really.

2) Do I also need to sign/execute as a Transferee?

3) If I do need to sign it twice as transferor and transferee, does the witness need to sign twice too?

Sorry to be a pain. It's a shame that there aren't completed examples on the web. I feel my case must be fairly common (50/50 share and a right to reside...). We did get some legal advice early on that we needed to transfer the property into my name and that of the will trust's trustees, but not specifics of what to put on the form. I have completed it and it would be good if it could be "looked over" to give it the OK. I'll check PG24 out.
Thanks

 
Posted Fri, 07 Mar 2025 15:04:45 GMT by Adam Hookway
Graham - it is unnecessary for the reasons explained. For registration purposes you are the sole legal owner and therefore you alone are the Transferor.
If you included someone else as well as another Transferor I don't think we would reject it but you are creating a scenario that may well lead to unnecessary Qs and delays
No - you only need to sign once
Your case is very common but you have to make the distinction between the legal ownership, which we register, and the beneficial ownership to understand why there are no completed examples. In my experience the 'trusts' people create are wide and varied as they are created by way of wills, trust deeds/declarations/agreements, signed letters and so on. The complexities are numerous
But the legal ownership is simple. It's a whole thing and can't be split 50/50 as you can't each have half the bricks & mortar and half a kitchen etc.
The beneficial ownerships can though be split as essentially they relate to the £s and pence. The value of the property/bricks & mortar. So you can have half the value and your late wife the other half held in trust for the benefit of someone else. And as I am sure you can appreciate such arrangements will be unique and personal to the trust creators 
So the common scenario is that trusts are created but what you then do to protect them/the beneficial shares etc on the land register can and does vary. We update the register based on what's applied for. We aren't part of that trust creation or discussion re options and then what's best for all, even when an owner sadly dies, so we have no role to play in explaining what's best or needed or not needed as the case maybe. 
In some scenarios the legal owner/trust may just update the register re the death and nothing more as the trust still exists whether anything is mentioned on the register. And in other cases the legal ownership might be transferred but why either decision is made will come down to a decision by you/trustees and/or based on the advice sought and then given
For that reason we don't 'look over' a completed form unless it's to say you need to complete panel 4 or otherwise 
 
Posted Sun, 09 Mar 2025 20:39:28 GMT by Graham Richards
It just occurred to me that there is a Restriction (is it Form A?) on the  property. The wording is 

"RESTRICTION: No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of court."

Does that impact your assertion that I alone can sign as Transferor?
 
Posted Mon, 10 Mar 2025 08:50:37 GMT by Adam Hookway
Graham -it is a form A/joint ownership restriction. It restricts a sole registered owner as per the restriction's wording. 
Your are not selling or remortgaging so there are no 'capital monies' involved so the restriction does not bite. It will be left on the register as well as the 'trust' it protects still exists
Please do seek legal advice with regards the trust and more to ensure you all understand the implications of such a trust, the transfer as well and more as appropriate 

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