Transfer land or property to the surviving owner and a beneficiary
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 bereavement leaflet provides important information for you to consider when dealing with property when someone dies.
Documents you need to send
To transfer ownership to the surviving owner and a beneficiary, you'll need to complete the following (help to complete forms can be found here):
form TR1 - Registered title(s): whole transfer
form AP1 - Change the register
Evidence of identity (please see below)
And send a certified copy of evidence of death. This can be either:
a grant of probate
death certificate
letters of administration
a court order
To certify that a copy of a document is a true copy of the original please write: “I certify this to be a true copy of the original dated…… signed (in wet ink)……Name printed)……………. Address…………….date………….” on the face of the copied document.
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.
The YouTube video How to certify a document for HM Land Registry may assist you.
Trusts
Where land is held on trust, a restriction in standard Form A or an earlier equivalent may have been entered in the register. The Form A restriction reads:
“No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered except under an order of the Court.”
If the register includes a Form A restriction, see Trusts for further information and guidance.
Verifying your identity
Evidence of Identity is usually required for all parties to the transaction unless they are represented by a conveyancer.
See Practice guide 67: evidence of identity for more information and the options available to you.
Find out more about Devolution on the death of a registered proprietor.
How much it costs
The fee is based on the value of the share of the property under scale 2 of our Registration services fees.
Where to send your application
To contact us, please click 'Next'
