transfer into trust

TR1 - #5 Does each trustee need to be named here, and when trustees are added or removed, does the register need to be updated?
TR1 - #10 X in box 3: they are to hold the property on trust: for the beneficiaries of a discretionary trust not for themselves alone
Would LR expect to see the trust deed wording pasted in here, or just a reference to the existence of a trust deed?
 

Annette - panel 5 - whoever the legal ownership is being transferred to needs to be added
Panel 10 we don't expect to see the trust deed wording pasted
Guidance: how to complete form TR1 - GOV.UK
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. Find out about making an application without legal representation.

Good morning,

I am preparing  TP1 form with box 3 in Panel 11 ticked and a text is entered referring to a Trust Deed. This Deed has the transferred property as the subject. Is it advisable or required to include a copy of the said Trust Deed with the application?

The Trust Deed refers to the transfer of a property, but not to the right-of-way to access the property.
Can this right of way be granted, simply by entering the rights granted on the TP1 panel 12, or should there be a separate Deed of Easement lodged and LR enter the relevant details on the register?

Many thanks
Annette

Good Morning Annette - we can't advise you as to whether it's advisable or not and as for required then our online guidance covers what is required for form TR1 (and TP1) as appropriate - Guidance: how to complete form TR1 - GOV.UK
As for any rights (easements) to be granted/reserved then see our PG 62 for guidance as well - Practice guide 62: easements - GOV.UK
Rights can be granted/reserved as appropriate in a TP1 or Deed of Grant

many thanks for your response and for sending the link to the guidance. 
The question arose because this applies: "They should place an ‘X’ in the third box if they intend to hold .... or under the terms of a separate existing trust deed or will, and in each case they should also add the relevant details."
Does "relevant details" mean a way to identify the Trust document or does that refer to the contents of the Trust document?
If it means the first, I would just enter the name and date of the deed,
but if it means the second, I would need to enter matters relating to the beneficial interest, which are addressed in the Trust Deed, or perhaps use form JO

Annette - again that's very much up to you as to the level of detail you wish to include. You can just go with option 2 instead of 3 but if you go with the latter then stating the details re the trust deed is something that can be done. Whether you then submit a copy of the deed is again up to you but it's not required by us for registration purposes as we don't make a specific note of it on the register

thanks for your quick response. 
How can I go with option 2 when it is a trust with 3 trustees (including myself) and the beneficial interest is discretionary?

I think I will refer to the Trust Deed in the panel. I note there will be a form A restriction.
If I die before the trust ends, the other trustees will have to remove my name from the register.  Which form will be required for that?

The remaining trustees can together end the trust and transfer the title to the beneficiaries when they decide to do so.
If the same two remaining trustees also become the beneficial owners, will it be necessary to change the register again? It would just be box 2 instead of box 3 and no more trust, or is that irrelevant to the register?

I will be sending an AP1 for the TP1 for the transfer.
Is there an additional form and fee payable when the TP1 also has an entry in panel 12 granting a right of way for the transferee over the land retained by the transferor, without sending a separate Deed of Easement?
 

Annette - option 2 is available if the shares are equal
If you are a joint owner then form DJP plus death certificate would be required - Deceased joint proprietor (DJP) - GOV.UK
Our online guidance explains what's required in specific circumstances after an owner dies - HMLR Guide: Start - External  · HM Land Registry
We don't register beneficial owners
There's no additional application for or fee if the TP1 includes an easement 
 

Once again, thank you so much for answering my questions.

Just so I understand correctly, any entries made on the TP1 panel 12 specifying Definition, Rights granted for the benefit of the property, Restrictive covenants by the transferee
do not require the inclusion of the original or a copy of a Deed of Easements and Restrictive Covenants 
nor any reference to the Deed of Easements and Restrictive Covenants on the AP1?

Annette - panel 12 would include any new rights/covenants. Not ones that are already registered for example
AP1 would only refer to a Deed if there was one you were applying to register 

Sorry, I still don't get it.

In this TP1, there will be included in panel 12 a new right/covenant that has never been registered before.

Is it necessary to register this new Deed of Right of Way, referred to on the TP1 panel 12, on the accompanying AP1, for the Right of Way to be legal?

If the entry in TP1 panel 12 alone is effective (to grant the right) and the registration of the deed that grants the right is merely optional, then I won't include it on the application. But from the way I understand it, does the Deed of right of way not create a disclosable overriding interest, and in order to reduce the number of overriding interests, is it not required for registration?
 

Annette - no as you are applying to register the TP1 and everything that's contained within. There is no Deed of Right of Way as the legal deed is the TP1 itself
A right that's granted/reserved in a TP is not an OI
I would repeat the earlier post with regards seeking legal advice to ensure that what you want to achieve is legal. Then tackle the application to register 
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. Find out about making an application without legal representation.

ok, that is clear now, many thanks.

This forum is the best!