Property in Trust

Hi there.

In 2019 my parents put their property (house) into a trust and made myself and my sister Trustees, with my brother, sister and myself Beneficiaries. According to my parents the Land Registry has not been informed of the Trust and as a Trustee I am concerned that the Trust should be registered with the Land Registry and titles changed accordingly. Can you tell me please if this is necessary and if so what forms do I (we) need to submit? I am led to believe that an RX1 needs to be completed but does a TR1? 

My parents were Tenants in Common and consequently have a Trust each regarding their share in the property. Can you advise please.

Thank you

PJ

Hi Paul - we can't tell you what's necessary or needed here as it's legal advice you need.
We register the legal ownership and trusts can often be set up through specific deeds or wills but they relate to the beneficial ownership so can, but not always, be reflected on the land register
It reads as if you have already started your own research on the topic so worth having a look at our PG 24 for guidance - Practice guide 24: private trusts of land - GOV.UK
But please do seek legal advice as to how the trust has been created; what protection you all have; and how, if at all, you can/should or need to reflect it's existence and protect any beneficial interests on the land register

Hi. In 2023 [August] I and my husband were given advice on putting our home in Trust for our sons as joint executors.
My husband had a degenerative disease and has since passed away [Oct 2024].
The advice we were given on the benefits of a trust was I fear not good advice and I would very much like to remove the Trust status from our family home. my sons are in full agreement to this and I am asking advice on the reversal of the trust before it has been registered. Would this be possible ? regards Dianne Hayes

Dianne - it is possible to apply to update the register but reversing the trust invariably requires more but not something that directly impacts the registered information.
For example if you applied for and register a restriction on the register to protect the trust then you can apply to cancel it as explained in the PG 24 linked to in the previous post
Most private trusts are created/enshrined in some sort of trust deed or agreement and that's what needs to be dealt with but that's very much 'off' the register and private/personal between you/your sons/trustees - in that respect I would recommend seeking legal advice/assistance as appropriate. That part won't involve us as we won't have the specific details/deed/agreement for example