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Posted Wed, 12 Jun 2024 10:47:43 GMT by Adrian Kerton
My wife has died, we are tenants in common and I have completed a deed of variation gifting her share to my daughter.
Please check these questions to see if I have understood it properly.
Thanks  Adrian

Q3 Date. Does this mean I only enter the date when the form has been completed and signed and witnessed?

Q3.4 Do I enter just my name and supply a death certificate? Do I have to state my wife is deceased and the date in this box?
Do you need a certified copy or a photocopy of the death certificate verified by myself as a true copy?

Q3.5  The names of my daughter and myself?

Q3.8 Second box?

Q3.9 Full title guarantee ?

Q3.10 Tenants in common

Q3.11 Do I state anything about the deed of variation?

Q3.12 Is this OK for the witness?
Signed as a deed by Myself Name_________________ (signature)
Signed as a deed by Daughter Name_________________ (signature)
Both in the presence of: _________________(signature of witness)
(print full name and address of witness)

 
Posted Wed, 12 Jun 2024 11:01:53 GMT by Adam Hookway
Adrian - I'm sorry to read of your loss. We don;t register deeds of variation re the tenants in common/trust/wills for example. We register the legal ownership. So I think you are just looking for guidance on how you can transfer the legal ownership from your sole name to joint names with your daughter (over 18)
  • So form TR1 is completed with the date once completed and executed
  • You are the Transferor and you would submit a certified copy of your late wife's death certificate with any application
  • You and your daughter would be the Transferees
  • No mention re the deed of variation is required unless you wish to do so - it won't change the registered information if you do
  • If you wish to both be tenants in common then tick the appropriate box 
Your other Qs are all covered by our guidance on how to complete form TR1. If you are unsure after reading the guidance then please do seek legal advice to ensure that both you and your daughter understand what is happening and the implications involved 
Posted Wed, 12 Jun 2024 13:31:06 GMT by Adrian Kerton
Thanks for the help
I have checked the for guidance.
Was Q3.12 OK?
I understand all the implications of the transfer.
Regards
Adrian
Posted Wed, 12 Jun 2024 13:48:20 GMT by Adam Hookway
Adrian - no re the execution. You each need to execute/sign it separately and each then has to be separately witnessed. You can use the same witness but they must witness each individual execution 
The linked guidance explains - "The witness should be independent, and preferably someone who knows you well and could confirm you did sign the deed if necessary. One person may witness more than one signature but must sign and complete the details below every signature witnessed."
Posted Wed, 12 Jun 2024 14:28:29 GMT by Adrian Kerton
Thanks for the help
Kind regards
Adrian
 

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