Removing and adding a nss as me

Hello,<br> I’ve just received probate for my late mother’s small estate. She Has a 50% share in her home and is a ‘tenant in common’. I have all the relevant forms. I need to remove her name but then add my name as I’m the beneficiary in her Will. I have a form that removes her name but I should have one that adds a name too. Can you advise?

Hello Jacob - I am sorry to read of your loss. If the property is registered in joint names and you are to become a joint legal owner, then the surviving legal owner will need to transfer the property to themself and you - HMLR Guide Page  · HM Land Registry

Thank you, Adam for your response and condolences. I have another query please, I'm the executor of the Will and I was Mum's attorney for financial matters and health. In your response you've said that; 'surviving legal owner will need to transfer the property to themself and you'. Is there another way? The surviving legal owner was estranged from Mum and 'disapointed' with the 50% share passing to me so I doubt she will willingly transfer the property to herself and me as suggested. This may very will be a legal matter, but as executor of the Will is there a different form I can fill in with the powers I have?

Jacob - sadly not unless you go to court and get an order (or a judge) to transfer the legal ownership. The legal ownership can only be transferred as a whole hence the surviving owner is the one to now transfer it as appropriate
Very much a case of legal advice being needed

Hello Adam,

I did speak to a solicitor and I did receive grant of probate. I’ve been advised that I can complete two forms, AS1 and AP1. With these two I don’t require the surviving named person on the title deed to sign. Can you possibly affirm this? To remind you, my mother and sister were tenants in common with a 50% share in the property.

thanks

J

Hello Jacob - sadly not as you can only transfer the whole of the legal ownership as previously explained. The legal ownership of the property did not form part of your late Mother's estate so probate is not required with regards the property itself.
Form AS1 is used where an executor transfers the legal ownership to a beneficiary. As there is a surviving joint legal owner your Mother's executor cannot transfer (assent) the property or even a half share of the legal ownership.
Form AP1 is the generic application form used to apply to update a register
Neither would apply in your scenario