Hello Angela - here's our generic response re such enquiries
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.
On the death of the sole owner of a property, the property can be left to others, known as beneficiaries. The transfer of ownership can happen in several ways, and we will require a formal application to update our records.
The YouTube video What to do when the sole owner of a property dies explains the process.
1. Document to be lodged with your application
We will always require a certified copy of one of the following documents issued in the United Kingdom:
To certify that a copy of a document is a true copy of the original please write: “I certify this to be a true copy of the original dated…… signed (in wet ink)……Name printed)……………. Address…………….date………….” on the face of the copied document.
You must not certify a copy of a document to be a true copy of the original, if you know that this is untrue. If you dishonestly give information or make a statement that you know is untrue or misleading, you may commit the offence of fraud under section 1 of the Fraud Act 2006 for which you may be prosecuted.
The YouTube video How to certify a document for HM Land Registry may assist you.
You can contact HM Revenue Customs (HMRC) for advice on probate.
If issued outside of the UK a grant of probate or letters of administration do not allow the personal representative to deal with land in the United Kingdom. You will need to:
2. Evidence of identity is required for all parties to the transaction
Unless all parties are represented by a conveyancer, we will require evidence of identity for everyone involved in the transaction.
Practice guide 67: evidence of identity explains the options available.
The YouTube videos How to Complete Form ID1 and How to complete form ID3 may assist you.
3. Transferring ownership of the Property
Practice guide 6: devolution on the death of a registered proprietor - GOV.UK explains the different applications that can be lodged with us to transfer the legal ownership of the property currently registered in the name of the deceased.
If beneficiaries have been left part of the property and are buying the remainder of the registered property, then a form Registered title(s): whole transfer (TR1) - GOV.UK is required.
We do not require the property to be assented first and transferred second
4. Application Form
Guidance: completing form AP1 - GOV.UK explains how to complete the form Change the register (AP1) - GOV.UK which is required in addition to a form AS1, AS3, TR1 or TP1.
There is also a YouTube video How to Complete Form AP1 which may assist you.
5. The fee payable
The fee payable under the current Land Registration Fee Order is shown in HM Land Registry: Registration Services fees - GOV.UK and should be included with the application.
HM Land Registry address for applications
Your application should contain a document or form from each of the sections 1 to 4 above, together with the fee as referred to in section 5.
Please send your application to the relevant address shown in HM Land Registry address for applications.
