Transfer unregistered land or property to a third party after the death of a sole owner
We recognise that this may be a difficult time following a bereavement.
Have you considered legal representation?
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.
Our Blog "Conveyancing: solicitor or DIY" provides further information.
If you decide to lodge the application yourself the following may assist you:
What to do when the sole owner of a property dies
The sole owner of a property can leave the property to people on their death. They become 'beneficiaries'.
Beneficiaries may sell the property.
The buyer or their solicitor will usually make this application.
The YouTube video What to do when the sole owner of a property dies explains the process.
Our bereavement leaflet also provides further information for you to consider.
To transfer the ownership and update our records we will need a formal application.
If you decide to lodge the application yourself the following may assist you:
Please lodge the relevant document
Please provide one of the following documents issued in the United Kingdom:
- a grant of probate
- letters of administration
- a court order
If issued outside of the UK personal representatives cannot deal with the land.
- have the foreign grant resealed or
- make a full application for a grant of representation by the probate court
You can contact HM Revenue Customs (HMRC) for advice on probate.
- showing your full face
- in colour on photographic paper
- signed and dated on the back
Only authorised professionals may verify a Form ID3. They must:
- be in a profession listed in Part 2 of the Form
- have known you for at least one year
- hold a current valid UK full passport
- provide a certified copy of the personal details page of their passport for each form
- the customer must submit these details with their application
Completing form ID3 - GOV.UK provides more information.
How to complete form ID3 is a YouTube video which may help you.
Transferring ownership of the Property
On the death of the legal owner of a property, we will need an application to transfer ownership.
Practice guide 6: devolution on the death of a registered proprietor - GOV.UK explains the process.
To transfer the property or land
Please complete a Form TR1 – Transfer of whole of registered title(s)
To help you, you can read Guidance: how to complete form TR1 or watch How to complete form TR1 (youtube.com)
Execution of deeds (PG8) - GOV.UK (www.gov.uk) provides advice on how to ensure the execution of the transfer as a deed is valid.
If you are transferring a part of the land (such as a piece of garden) you will need a different form. Please use Registered title(s): part transfer (TP1) - GOV.UK instead.
We will accept an exact copy of the original Transfer deed. It should have a signed endorsement to confirm this. We refer to this as certification.
How to certify a document
To certify a deed as an exact copy of the original please write on the face of the copy document:
“I certify this to be a true copy of the original dated……… signed (in wet ink)……………..name (printed)……………. address…………….date………….”
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.
We will keep copies in our records
We will return Crown Copyright documents to you.
Once we have made a scanned copy, we will destroy all other documents.
We need a Stamp Duty Land Tax certificate or receipt
If the land is being transferred you should contact HM Revenue and Customs’ (HMRC). You must complete a Stamp Duty Land Tax (England) or Land Transaction Tax (Wales) return even if no tax is due.
HMRC will provide you with a ‘Land Transaction Return Certificate’ or submission receipt. Please send it to us with your application.
You will need to complete an application form
Please complete Form FR1.
In section 7 provide your full name and postal address, including postcode. An email address enables us to acknowledge receipt of your application. We will also email you should we need further information.
List all the documents you are sending to us
Please send the original deeds and documents. We need evidence of ownership for at least the last 15 years. We will return them to you after making a scanned copy.
Complete form Form DL and provide a duplicate copy of the form with your application.
In panel 1 of form DL enter the address or description of the property.
In panel 2, list all the documents lodged to support your application.
This a requirement of Rule 24(1)(d) of the Land Registration Rules 2003.
Fees
Our Registration Services fees apply on the value of the transaction. To calculate the fee, you can use our fee calculator tool.
A cheque or postal order should be payable to ‘HM Land Registry’.
Where to send your application
Checklist: application for first registration - GOV.UK may assist you.
HM Land Registry address for applications provides our standard addresses and exceptions.
Your application should contain a document or form from each of the sections 1 to 4 above. Please enclose the fee as referred to in section 5.
Please see HM Land Registry estimated completion timeframes. It advises what to do if your application becomes urgent.
If you need to get in touch
Please reply to this email.
If you need this information in a different format
We can provide this information in a different format, like audio or large print. If you need this, please contact us via our Accessible documents policy - HM Land Registry - GOV.UK