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Posted Mon, 03 Feb 2025 12:57:53 GMT by Katy Hickman
My parents were tenants in common.  My father has now passed and in his will left myself and my sister an equal share of his half of the house.  My mother is still alive.  Can someone please tell me what forms I have to send in to show that myself, my sister and mother should be on the register.   I think it is the AP1 form, but it says on there that we have to send a stamp duty land tax certificate, I don't think that applies to me as the property is inherited.  Could someone please confirm or help me giving me the names of the forms I have to complete.  I have a copy of the will and the probate certificate.  Many thanks
Posted Mon, 03 Feb 2025 13:12:43 GMT by Adam Hookway
Katy - sorry to read of your loss. If the decision is to transfer the legal ownership then that would be for your Mother to do using form TR1. The legal ownership passes to the surviving joint owner to deal with as appropriate and I would recommend that you seek legal advice before making the decision to transfer the legal ownership into all three names
Forms AP1 and ID1/ID3 would be required for all three of you if you go ahead
Our online assisted guidance takes you through a series of Qs the answers to which will link you to the full guidance and forms needed. We don't need a copy of the will or his probate unless using the latter to confirm his sad demise
HMLR Guide: Start - External  · HM Land Registry
Re SDLT - Even if no money is changing hands, you should contact HMRC and check your responsibilities in respect of Stamp Duty Land Tax (England) or Land Transaction Tax (Wales). HMRC will provide you with a "Land Transaction Return Certificate" or submission receipt which should be sent to us with your application.
Posted Mon, 03 Feb 2025 14:26:57 GMT by Katy Hickman
Can I confirm that it was left in his will, so is it not a case of just changing the names on the land registry rather than transferring the names.  Thanks
 
Posted Mon, 03 Feb 2025 14:40:15 GMT by Adam Hookway
Katy - wills deal with the wishes of individuals. The legal ownership, which we register, does not transfer by virtue of a will/their wishes alone. To transfer the legal ownership it has to be transferred as a whole and in your scenario that would be by your Mother to herself, you and your sister if that's what is wanted.
Your late Father's half share, and indeed your Mother's half share, are in the beneficial ownership. That can be split/shared but the legal ownership is always dealt with as a whole.
Before transferring the legal ownership please do seek legal advice. Understanding not only the difference between the legal and beneficial ownerships but also the impact of being a legal owner and/or what may happen with the beneficial shares in the future may impact on what you do next re updating the register and the legal/beneficial ownerships.
Legal and Beneficial Ownership · HM Land Registry
We register the outcome of such considerations so are unable to advise on what's 'best' in such scenarios but once next steps are decided we can steer you to the guidance/forms needed to update the register

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