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Removing and adding a nss as me
Removing and adding a nss as me
Posted
Sun, 06 Jul 2025 10:15:24 GMT
by
Jacob da'Costa
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?
Posted
Mon, 07 Jul 2025 05:54:49 GMT
by
Adam Hookway
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 - <a href="https://customerhelp.landregistry.gov.uk/guide-page-external/?stepid=c48ca216-8d82-eb11-a812-000d3ad48f95&kbonly=true&setanswer=">HMLR Guide Page  · HM Land Registry</a>
Posted
Tue, 08 Jul 2025 13:40:50 GMT
by
Jacob da'Costa
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?
Posted
Tue, 08 Jul 2025 16:14:34 GMT
by
Adam Hookway
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<br> Very much a case of legal advice being needed
Posted
Tue, 15 Jul 2025 16:45:35 GMT
by
Jacob da'Costa
<p>Hello Adam,</p> <p>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.</p> <p></p> <p>thanks</p> <p>J</p>
Posted
Wed, 16 Jul 2025 05:25:03 GMT
by
Adam Hookway
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.<br> 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.<br> Form AP1 is the generic application form used to apply to update a register<br> Neither would apply in your scenario 
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