First Land Registry registration with deceased tenant in common

[Ann Noeth]

Sadly dementia got my father - joyously he was 89

M&D held the house as tenants in common with 50% going to child on 1st death. This should be simple enough as I have probate and really should be doing it as several years have passed now.

Unfortunately the house isn't registered with Land Reg and its compulsory to do this first to action the transfer. Some chicken and egg but they just told me you cant register with a current 50% legal owner being deceased.

Does anyone know how to tackle that - there was no money in the will so I handled probate as executor as my Mum needed the money running the big place on her own single pension now. Would be good to think I could action this too as essentially it is straightforward as there are no mortgages or complications etc. Its just register property (have all teh docs required) and then transfer 50% to a different tenant in common name. But I cant register it to a deceased and I also cant transfer a share that isn't registered!!

Thanks for any pointers.

 

[nitram]

Have a quick look through the land registry blog
https://hmlandregistry.blog.gov.uk/2018/02/13/property-owner-dies/
to see if your case is covered.
If not ask your own question.

EDIT
Try following
https://help.landregistry.gov.uk/app/answers/detail/a_id/212?

@Ann Noeth

 

[Ann Noeth]

Nothing there or elsewhere on the web. Strange that - seems a reasonable practice to give 50% to child on first death, but I am unable to do the first registration as that needs to show the surviving and deceased parent first... Someone must surely have come across this? Thx

 

[nitram]

Did you try the link in my edit? (+tag)

https://help.landregistry.gov.uk/app/answers/detail/a_id/212?

You can ask your specific question on the blog.

 

[Ann Noeth]

Thanks the edited link worked well!

It looks like its treating it as if the wife didn't already own 50%? Does she need any transfer as she already IS a 50% owner: Me as beneficiary should get fathers 50% share of course. This what panned out from your (much appreciated) link:

Transfer unregistered land or property to the surviving owner and a beneficiary

A beneficiary is someone who inherits the property

A property must be registered before it can be transferred by the surviving owner.


Documents you need to send

To register the property and transfer ownership to the surviving owner and a beneficiary, you'll need to complete and send:
form FR1 - First registration: application
form TR1 - Registered titles(s): whole transfer
form DL - Documents list
the original title deeds of the property
You'll also need to send a certified copy of either:
a death certificate
a grant of probate
letters of administration
a court order

 

[nitram]

Glad it's, more or less, sorted.

As a matter of interest you should have go a flag alert when I did the edit.
I did an @<username> (tag or mention)
https://forum.alzheimers.org.uk/account/alert-preferences

I'm doing the same on this post which means you should get an alert.

 

[Ann Noeth]

Just confusing/my inexperience - but TR1 is suggested from that flowchart and is a WHOLE rather than partial transfer doc? Clearly its a partial transfer as Mum already owns 50%? This might be a different form TP (transfer part?) - but this is me second guessing the Land Registry!!! Such brass ;-)

 

[Ann Noeth]

Now I think form TP is about transferring part of PHYSICAL LAND rather than part ownership. Splitting a title basically? Learning quickly here

 

[canary]

Now I think form TP is about transferring part of PHYSICAL LAND rather than part ownership. Splitting a title basically?

Im not entirely sure, but that doesnt sound right to me. I have a feeling that is used when you want to sell off part of the land to someone else

OH and I own our property as tenants in common. It isnt that he owns one bit and I own another, we both own the whole property together as tenants in common

 

[Ann Noeth]

That all makes sense. I see TR as transfer of actual newly split off land rather than transfer of exact existing ownership of land as is. We are not doing that land type of transfer only ownership of existing.

Maybe by default I see tenants in common as 50% each as I am to inherit 50% but as neither can do anything without thevothers' permission it is as good as 100% each!

Thanks for getting me thinking!

 

[McBeagle]

The Land Registry do have a helpline and tend to be very helpful. First registrations can be tricky and time consuming. If no money for a lawyer to help, it might be worth seeing if a local law centre or Citizens Advice can also help?