TR1 & AP1 Advice

Hello, After previously contacting HM Land Registry by phone I had some very productive advice about our situation and the forms required. However, we'd like some clarification on the correct information to put in some of the boxes regarding our situation. My partner's parents were tenants in common on their only property. Her mother died last year and in her will she left my partner half of her whole estate which included her half of the property. Her father has since been moved into full time care with advanced dementia and no longer has capacity. My partner is also the Executor of her mother's estate and is also an only child. She also has Power of Attorney for financial affairs over her father. The property is currently rented out to assist in paying for her father's care fees. My questions surrounding TR1 are: Box 4 - Am we correct in assuming that the Transferors are the full names of both parents, even though one is deceased? Box 5 - Are we correct in assuming the Transferees are the surviving parent and inheritor (my partner)? Box 6 - We intend to enter our own address for service only as her father has no capacity and is permanently in a care home. Is this generally acceptable in these circumstances? Box 8 - We presume we would put a cross in the third box and state 'Inheritance'. Would this be acceptable? Box 12 - The Execution - We have a Notary Public which can witness the signing of this section. However we have the situation where my partner is the Executor of her mother's estate and therefore does she have to sign on her mother's behalf in this box? My partner is also has Power of Attorney over her father's financial affairs and as he has no capacity she would also have to sign this box but on his behalf. Is there separate prescribed text for that particular scenario surrounding her PoA over her father that must be adhered to here in Box 12? As she is also a Transferee, is it the case she also has to sign Box 12 in her own capacity as a Transferee? The Gov.uk advice forms around TR1 do not appear to cover the above scenario which is why we're seeking advice. Any light you could shed on this particular case would be most gratefully received.

Hello Allan - when joint owners exist, and one dies, the legal ownership passes to the surviving joint owner to deal with. That does not mean that they ignore the wishes of the deceased/their beneficial ownership and interests of their beneficiary for example, but it's that part that is linked to the term 'tenants in common' you have referred to. As a result the legal ownership of the property does not form part of the deceased's estate and probate is not required. It can still be used as evidence of their death but the death certificate does that as well. Any transfer of the legal ownership is always of the 'whole'. As a result any transfer would be by the sole surviving legal owner, her Father, as transferor. If the property is to be transferred into the joint names of your wife and her Father then they would both be transferees You can include any address for service you choose Panel 8 should be completed as appropriate, presumably as a gift, but not with simply 'inheritance'

And with regards the execution your wife is not a Transferor and would only be executing as a Transferee and as her Father's attorney https://www.gov.uk/government/publications/execution-of-deeds

I would strongly recommend that you/your wife seek legal advice/assistance to understand the very specific scenario your wife and her Father find themselves in. That advice should include what options exist with regards the property and it's legal ownership as well as what happens next and the impact of that on the 'best' option chosen. There are always options to consider when a joint owner dies and whilst transferring the whole of the legal ownership from Father to Father + beneficiary is one option others exist and should be considered.