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Posted Mon, 16 Jun 2025 09:50:29 GMT by Mark Biswell
Here is the situation (not actual names) please could you comment on the sequence of forms in Steps below. Do we need to complete this sequence of steps, or is it possible to leave some out?

OUTLINE:
The deceased are Roy Smith and Barbara Smith.

Barbara Smith died before Roy Smith.
Roy Smith is named in the grant of probate. (Son and Daughter are beneficiaries)
The title has Roy and Barbara on it (Joint tenants)

The beneficiaries,  D Smith and A Smith who have inherited the property, intend to transfer the property to M Jones and A Smith, who are married, including a payment for half the value of the house.

Roy and Barbara Smith were joint tenants, then:
•             Barbara’s share passed automatically to Roy on her death (via survivorship).
•             When Roy then dies, the entire property is treated as part of his estate.
•             The Land Register still shows both names, so Barbara’s name must be removed before any further dealing.
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Step 1
Form DJP – Death of a Joint Proprietor
•             Removes Barbara Smith from the register

Step 2 - Register the Inherited Ownership
•             Form AS1: For assent of property from the executors (D Smith and A Smith) to themselves as beneficiaries
•             Form AP1: To update the Land Registry title
•             Grant of Probate: Attach a certified copy
•             ID1 Forms: For each executor
This step updates the Land Register to show D Smith and A Smith as legal owners.


Step 3. Transfer Legal Ownership to M Jones and A Smith (as joint tennants)
Once D Smith and A Smith are registered as proprietors:
  • Form TR1: Transfer property from D Smith and A Smith to M Jones and A Smith
  • Form AP1: To register the TR1 transfer
  • SDLT1 Form: To report payment from M Jones to D Smith (if over £40,000 consideration)
  • SDLT5 Certificate: Issued after SDLT submission to HMRC
  • ID1 Forms: For all unrepresented parties

Pay SDLT (Stamp Duty Land Tax)
Because M Jones is paying D Smith for his share:
  • SDLT is due on the consideration paid to D Smith (e.g. £200,000)
  • Must be paid within 14 days of TR1 completion
  • Use HMRC SDLT service

    Thank you. Mark 

 
Posted Mon, 16 Jun 2025 11:43:54 GMT by Adam Hookway
Mark - the legal ownership, not share, passed to Roy to deal with on the death of Barbara. The legal ownership is always dealt with as a whole. It's the beneficial ownership that can be divided into shares
When Roy dies the legal ownership forms part of his estate and probate is required
Barbara's name dooes not need to be removed before the executors deal with the property. Any application to update the register should include a certified copy of her death certificate to confirm Barbara's death and her pre-deceasing Roy
Steps 1 and 2 are not strictly necessary. The executors can deal with the property and transfer it direct to the new owners as appropriate - HMLR Guide Page  · HM Land Registry

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. Before making an application without legal representation, it is important to consider the benefits of using a conveyancer.
Posted Mon, 16 Jun 2025 12:35:14 GMT by Mark Biswell
Adam 
Thank you very much for your reply.
Just to double check, that that  Step 1 Form DJP, would not be necessary? (step 2 is can also be redundant).
Regards, Mark 
Posted Mon, 16 Jun 2025 12:44:40 GMT by Adam Hookway
Mark - correct

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