Hi,
I am in the process of transferring the ownership of a property and have a question about which legal documents I need to send to the land registry with the completed AP1, TR1 and ID1 forms.
The situation is a little complex but I believe the answer is likely to be a simple one – the circumstances are as follows:
The property was purchased and legally owned and registered in my name at HMLR in 2012. However, the purchase was made using funds provided by my father and was for his beneficial use (long story but it was done this way to enable him to decouple the purchase of this property from his old property and to allow the purchase to be made through a short-term mortgage I took out on on my own house which was quickly paid off once my father sold his old property). I therefore formally held the property in trust for the benefit of my father and have a signed Declaration of Trust to this effect.
My father passed away a few months back. I am the executor of his estate and have Grant of Probate. In his Will my father left all of his residuary estate to myself. However, because I have no need of further wealth I have executed a Deed of Variation to transfer the residuary estate to my two daughters (his granddaughters) in equal shares. Now, my father’s estate owes a cash debt to pay off a loan from a trust set up on the death of my mother and the trustees of that trust have appointed that debt absolutely to the same two granddaughters. The two granddaughters have effectively agreed to accept a percentage share of the property in lieu of payment of the cash debt from my father’s estate and of course they now also own the remainder of the property as it forms part of the residuary estate.
Overall, I therefore have the following legal documents and Deeds associated with the legal and beneficial ownership of the property:
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Declaration of trust signed by myself when the property was bought in my name in 2012 saying that I hold the property in ‘trust for my father’s absolute benefit’
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My Father’s Will
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My Fathers death certificate
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Grant of Probate for my father’s estate
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A Deed of Variation signed by me transferring my father’s residuary estate to his two granddaughters
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A Deed of Appointment from the trust my mother set up appointing the benefit of the debt my father’s estate owes it to his two granddaughters
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A Deed of Transfer that brings together the beneficial and legal ownership of the entire property into the names of my father’s two granddaughters signed by myself as the current legal owner of the property and as the executor of my father’s estate and also by my fathers two granddaughters (my daughters) as beneficiaries.
So the bottom line is: I am currently the registered legal owner of the property and wish to change the registered ownership into the names of my two daughters (who are now the beneficial owners and should now also be registered as the legal owners). I therefore believe I need to complete forms AP1 and TR1 (plus the appropriate ID1 forms) rather than use the AS1 form. All fairly straight forward so far. Now what I would like to know is which (if any) of the other documents I listed above would you like me to send certified copies of in response to Panel 5 of the AP1 form? I know HMLR are only interested in registering legal ownership rather than beneficial ownership so you probably only likely need a subset of the documents I listed
As I said – A fairly complex situation but likely requires a fairly straightforward answer.
Clyde
