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How to register after deed of variation in a will.
How to register after deed of variation in a will.
Posted
Mon, 24 Mar 2025 00:27:05 GMT
by
Carl Hewitt
My wife has recently died. Her will leaves everything to me. She owns a property which I wish to give to my daughter through a deed of variation. A deed of variation in this way acts to give my daughter ownership exactly as if she had been left the property as a direct beneficiary.<br> <br> I cannot find specific guidance for this case and would welcome advice as to what documents and forms are required to effect the transfer.
Posted
Mon, 24 Mar 2025 07:42:45 GMT
by
Adam Hookway
Carl - the variation relates to the will/wishes and doesn't transfer the legal ownership itself. To transfer that you need to use our prescribed forms and if she was the sole owner obtain probate for her before doing so<br> Our online assisted guidance links you to the forms and guidance you will need to transfer the legal ownership<br> <a href="https://customerhelp.landregistry.gov.uk/guide-external-start/?guideid=e0861516-8882-eb11-a812-000d3ad48f95">HMLR Guide: Start - External  · HM Land Registry</a>
Posted
Mon, 24 Mar 2025 11:43:57 GMT
by
Carl Hewitt
Thank you Adam for your very prompt and helpful response. Once probate is granted the property transfers to me as beneficiary. The Deed of variation transfers that legacy to my daughter within the "envelope", as it were, of the will. So, if the property had come to me, the requirement - as I read things - would be for an Assent. I suppose my question is that - once the DOV is done - is the requirement still for an Assent in regard to my daughter as beneficiary?<br> <br> The paper trail would be: My wife's title - my wifes will - the Deed of Variation to the will - the execution of the will by an Assent.
Posted
Mon, 24 Mar 2025 12:07:24 GMT
by
Adam Hookway
Carl - if an executor is transferring the deceased's title to a beneficiary then form AS1 is the form to use <br> Applicaiton forms AP1 and ID1/ID3 as appropriate also - do use the linked guidance to identify what's needed with regards probate and then AS1 etc
Posted
Mon, 24 Mar 2025 12:11:29 GMT
by
Carl Hewitt
Many thanks Adam - very helpful.
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