Becoming Joint Tenants with my son after a Deed of Variation

I have recently varied my late husband's will so that this share of the house (50%) has been inherited by my son. My son has always lived with us due to ill health. I now wish for my son to become a joint tenant with myself via inheriting his father's share of the house. How do I achieve this change to the title deeds? I am currently the sole owner of the house. Will my son and I initially become tenants in common and then we'll have to change this to joint tenants or can we become joint tenants straight after the deed of variation on my late husband's will? Greatly appreciate details of the procedure required, many thanks in advance for your help.

Mark - we don't deal with wills or % shares so on that score I would recommend that you seek legal/financial advice as appropriate. Varying the will and % shares does impact on your beneficial ownership but does not impact on the legal ownership, that we register, unless you then make an application to update the register.<br> If I have understood correctly the property is/was registered in the joint names of your late husband and yourself. If you want to now transfer that legal ownership to the joint names of yourself and your son then you will need to transfer the whole title from yourself as the transferor to yourself + your son as transferees -&nbsp;<a href="https://www.gov.uk/registering-land-or-property-with-land-registry/transfer-ownership-of-your-property">Registering land or property with HM Land Registry: Change the registered owner name - GOV.UK</a>&nbsp;<br> If the register still refers to your late husband as a joint legal owner then you will need to include a certified/official copy of his death certificate with your application<br> A further point to consider is whether there is a form A/joint ownership restriction on the register to protect the 50/50 split of the beneficial ownership/your wills/any tenancy in common created. If there is then this will remain after the transfer I mentioned.<br> That doesn't define you and your son tenants in common but it does stay on the register and will protect any % split you and your son may agree to and formalise in your own wills for example<br> I assume from the Q that there is a form A restriction on the register - if that's to be cancelled then our PG 6 section 8 explains how to apply to cancel same. The form RX3 and ST5 can be submitted with the application to register the transfer.&nbsp;<a href="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">Practice guide 6: devolution on the death of a registered proprietor - GOV.UK</a><br> Transferring the legal ownership is fairly simple but it's important that you both understand the split/wills/trust that exists, protected and you both are aware of it's impact and what can happen in the future re the property. Hence the recommendation to seek legal/financial advice as appropriate

Many thanks for your reply Adam, much appreciated. Please note that my son set up this account, hence the name Mark on here!&#160;<br> <br> Yes, that's correct, the property was originally registered in the joint names of my late husband and myself. When my husband passed, he was removed from the title deed register so I am currently the sole owner of the property.<br> <br> I am currently in the drafting stage of the deed of variation of my late husband's will - this is to provide my son with more security so he inherits his father's half share of the property now. Regarding the wording of the deed of variation, would it need to state something along the lines of my husband's 50% share of the property is left to my son? Is there anything in particular that needs to be stated on the deed of variation for the Land Registry's attention to ensure I become joint tenants with my son, through my son inheriting his father's half share of the house?<br> <br> Does the Land Registry need to see a copy of the deed of variation to confirm that my son will become a joint tenant through his father's inheritance?<br> <br> I think I will need to seek the advice of a conveyancer to complete all the documentation, am I right in thinking that both AP1 and TR1 will have to be completed so that the whole title is transferred from myself to my son and I as joint tenants? In section 8.) of form TR1, am I right in thinking that the &quot;insert other receipt as appropriate&quot; is the correct option as no money has changed hands - my son is gaining his half share of the house from his father's inheritance - he has always lived with us due to ill health and the value of the house is way below the IHT threshold so no IHT or CGT will be due. Will a copy of the deed of variation suffice as a receipt for this section?<br> <br> Will my son and I automatically become joint tenants when the Land Registry is updated?<br> <br> When I originally looked into this, I incorrectly assumed I would need to complete from TP1 to transfer part of the title to my son but thanks to your reply I actually need form TR1 as I am effectively transferring the whole title from myself to my son and I.<br> <br> As far as I am aware, thankfully there is no form A/joint ownership restriction on the register to protect the 50/50 split of the beneficial ownership - is there any way that I can check this restriction applies to the title?<br> <br> Many thanks again for all your help and kind regards,<br> &#160;

Mark/Mum - all noted and appreciated.<br> We don't deal with wills or the specific beneficial shares etc so very much Qs you need to raise with a legal/financial professional. I deal with other online forums form HMLR and experience tells me that a STEP qualified professional is often recommended as the 'best' to use re such matters but please identify your own professional to offer guidance&#160;<br> Any variation of the will/trust deed or something re those changes is not something we need to see<br> If you transfer the legal ownership to yourself and your son then that process enables you to indicate how you wish to hold the property and you can also indicate the % shares held etc - see the linked guidance and form TR1 for details of the information we ask for.<br> If there is a form A restriction already on the register, and you transfer the title to yourself and your son, then it will remain there unless you apply to cancel it. The register does not refer to the term 'tenants in common' so is not definitive re how you hold the property but the form A remaining indicates that there is a trust/shares involved<br> If you give me the address I can check the register and confirm if a form A restriction is present. Although you may prefer to check for yourself online for a fee as always best to understand what's registered before applying to update it -&#160;<a href="https://www.gov.uk/search-property-information-land-registry">Search for land and property information - GOV.UK</a><br> I'd recommend that you still formalise the will/shares as you both wish to ensure you both understand how the beneficial split works&#160;<br> TP1 is used for transferring part of the garden for example. The legal ownership in your scenario is always transferred as a whole. That's why you have these nuances and understandings re the difference between legal and beneficial ownership<br> The easiest way I find to describe it is to think of the property as being all of the land and building plus bricks &amp; mortar as being the legal ownership You can't each have 50% of the bricks &amp; mortar and half a kitchen etc.&#160;<br> The value of the property, the £s and pence, represents the beneficial ownership and of course that can be split/shared so on a £200K property each can have £100K of the beneficial ownership

Many thanks again for all your help Adam. I'd like to register the property as joint tenants with my son, where we both own 50% shares of the property.<br> <br> When completing Panel 8: Consideration, given my son's share is from inheritance, would this be considered as the second option box (the same as a gift) or option 3 (any other option - I could then add a note that the half share is from an inheritance from his father)<br> <br> I've read through the title deeds and all the information received when I transferred title to myself last year and there is no mention of the form A restriction.<br> <br> Many thanks for explaining TP1, I can see how that applies to transferring part of the property whereas in my scenario, the property is transferred as a whole. It is a relatively straightforward change but I think it's probably best if I can find a conveyancer with experience of transferring property through inheritance.

Mark / Mum - I have responded further in the absence of my colleague.&#160;<br> <br> Our role is primarily registration of legal ownership whilst a lot of the things you are mention relate to the beneficial ownership.&#160; Also, l<span style="font-size:11pt;"><span style="line-height:107%;"><span style="font-family:Calibri,sans-serif;"><span style="font-family:&quot;Arial&quot;,sans-serif;">and registration is complex, designed to protect legal and financial interests in property. There can be significant consequences for any error.&#160; As you have mentioned, it may be helpful to you to consider speaking to a conveyancer or Citizens Advice.&#160;&#160;</span></span></span></span>