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Transfer of Property Ownership after death


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I inherited my parents home after they passed away (Father in 2002, Mother in 2005) and have probate in my name.

The property value was and is below the Inheritance Tax threshold.

The home is mortgage free and I currently reside in it with my family.

Please can you advise how to transfer into my and my wife's names.

Thanks

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Hi and Welcome to CAG

 

I have created your own thread..please continue to post here.

 

Assent where the whole property is being transferred

 

If the property is registered and the deceased was the sole owner, the personal representatives will need to complete a Deed of Assent (Land Registry Form AS1) in order for it to be transferred to the intended beneficiary or beneficiaries.

 

There is no requirement by the Land Registry that you use a solicitor or legal adviser to complete the form but if there is a mortgage on the property, it is worth checking whether the lender will insist you use a solicitor or licensed conveyancer.

 

Regards

 

Andy

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There is no requirement by the Land Registry that you use a solicitor or legal adviser to complete the form ...

 

The AS1 form is fairly easy to fill in, but you do need to use the precise wording in panel 12 which is laid out in the guidance notes: https://www.gov.uk/government/publications/whole-of-registered-title-assent-as1/guidance-how-to-complete-form-as1

 

When you come to submit the AS1 form, the Land Registry will accept the Grant of Probate as proof of identity thus avoiding the need to include an ID1 form.

 

I had to do an assent myself last year, but it was complicated by the need to also do a compulsory first registration. The LR help line is generally good if there are any queries regarding the forms (but the can not give legal advice).

 

One tip: The forms can be downloaded as PDF documents. If you open them up in (for example) OpenOffice, you can type in the text where needed. Much easier than using pen & tippex :wink:

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I went through this process last year and was very pleasantly surprised with the amount of help available from the land registry - the process is very well documented and there are even videos to guide you through the process. If you are still unsure on any point there is a very friendly help line.

So glad I didn't pay the rip off solicitors the £380 and instead invested half an hour of my time instead.

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