Death and Will trust

Hi, Just looking for advice as I have been told many things that are incorrect both by regular people and 2 solicitors are giving different information so its confusing. My parents house is in a Will trust triggered by my fathers death last year. LR is aware of this. My mum sadly passed away in July 2026 and I am unsure what forms to send you. The only beneficiary is myself and I am not planning on selling the house as I still live there. Due to conflicting information I am doing this myself. So, do I need probate? The bank and insurance didn't require it. It would only be done for LR in this case. What forms for a Will trust transfer to beneficiary do i need to send you. Many thanks

Hi Amanda - sorry to read of your losses and the uncertainty caused re advice provided to date. Such matters re a Will tryst can be confusing and we don't deal with such things specifically so can't give you any advice on how they work or impact on what you do next. We deal with the legal ownership of the property and if I have understood correctly both parents were the registered legal owners. When your Father died that legal ownership passed to your Mother to deal with as appropriate. Probate would not have been required with regards the property as it's legal ownership did not form part of your late Father's estate. On you Mother's death the legal ownership forms part of her estate and probate is then required. Here executor is then legally responsible for dealing with her estate as appropriate and that includes the property. Once you have probate, and you intend to keep the property, you can transfer it to yourself as the beneficiary. Forms AP1, AS1 and ID1 plus an official copy or certified copy of the probate. We do not need to see the will

Our online assisted guidance will help you identify the forms needed and guidance to follow https://customerhelp.landregistry.gov.uk/guide-external-start/?guideid=e0861516-8882-eb11-a812-000d3ad48f95

I suspect, but please check and confirm, that the register also refers to a form A/joint ownership restriction applied for to protect the 'trust' you refer to. If it does you may also wish to consider applying to cancel that restriction using forms RX3 and ST5. These can be completed and submitted along with the other forms/application referred to above. See our PG 6 section 8 for guidance if there is a form A restriction on the register https://www.gov.uk/government/publications/devolution-on-the-death-of-a-registered-proprietor/practice-guide-6-devolution-on-the-death-of-a-registered-proprietor

Thank you this is exactly what I needed

Amanda - happy to try and explain the nuances between legal and beneficial ownerships but the complexities of each and your specific scenario means wider advice focussing on options and understanding of what happens next is very much the right option. Armed with the additional understanding I'm sure you can pinpoint the right and best advice

One small aside and based solely on dealing with similar enquiries is that legal advice can vary depending on whether you are dealing with for example a solicitor specialising in trusts, wills and probate. Whilst a property specialist may look at things slightly differently and through a property lens. Focus on what it is you want to happen re the property and bearing in mind how the will trust and future events may impact. A broader understanding and one you can share with other joint legal owner and your sons can be the end result. Best wishes