Transfer land or property to the surviving owner and a beneficiary

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 if an application is completed incorrectly.

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.

 

Before you lodge the application

You can use our Search for Land and Property service to check the property records.

You will need to consider the type of joint property ownership. You can own a property as either ‘joint tenants’ or ‘tenants in common’. Joint property ownership: Overview - GOV.UK may assist you.

Section 7 of Practice guide 6: devolution on the death of a registered proprietor - GOV.UK explains this.

 

When a joint owner has died and the ownership is changing

A joint owner of a property can leave the property to other people on their death. They become 'beneficiaries'.

The surviving joint owner may look to transfer the whole of the legal ownership to themselves and the beneficiary. Before looking to transfer the legal ownership, we recommend seeking legal advice to fully consider and understand the legal and financial implications for all concerned. 

Our bereavement leaflet  provides further information for you to consider.

We will need a formal application to update our records.

Documents you need to send to us

We need a document or form(s) from each of the sections 1 to 4 below.

1. Death certificate or Grant of Probate

Please provide one of the following documents issued in the United Kingdom:

• a death certificate or grant of probate if the property is held as joint tenants
• a grant of probate if the property is held as tenants in common
• letters of administration
• a court order

• have the foreign grant resealed or
• make a full application for a grant of representation through the probate court

You can contact HM Revenue Customs (HMRC) for advice on probate.

 

2. We need evidence of identity for all parties unless represented by a conveyancer

We ask for evidence of identity for most applications. This is to reduce the risk of registration fraud. Practice guide 67: evidence of identity explains when and how to do this.

All parties must provide proof of identity unless represented by a conveyancer.

How to apply as an individual

If you have a valid UK passport you may use either Form ID1  or Form ID3.

If you do not have a valid UK passport please use Form ID1.

How to apply for a Company or Corporate Body

Please use Form ID2
 

Guidance to assist you in completing the form:

Form ID1

A conveyancer will need to verify a Form ID1. Please provide a photo with your form.

Photos must be:

• showing your full face
• in colour on photographic paper
• signed and dated on the back

• 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. 

 

3. We will need a legal transfer deed to transfer ownership of the whole 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 whole of a registered title

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.

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.

Once we have made a scanned copy, we will destroy the certified copy document.

4. You will need to complete an application form

Please complete Form AP1  to change the register. Lodge it together with a form TR1.

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.

To help you, you can read Guidance: completing form AP1 or watch How to Complete Form AP1 (youtube.com).

 

5. 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 

HM Land Registry address for applications provides our standard addresses and exceptions.

Your application should contain a document or form(s) 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 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 GOV.UK: Accessible documents policy - HM Land Registry - GOV.UK