Transfer of part ownership after death

[retro pedro]

Just wondering if anybody as been through the process and completed the Land Registry forms themselves?
My in laws owned their property outright and in Joint names on Title register. Unfortunately my father-in-law passed away in November 2024.
His wish was that his joint half of the property be left to his daughter (my wife) and his two grand children (my daughters) in equal share of his part of ownership.
We do hold his original Will and his signed and completed Codicil expressing his wish.
I understand that we have to download form DJP Deceased Joint Proprietor and duly complete and apply for his name to be removed from the Title Register.
Where I'm seeking a bit of advice is what form do I have to use to add my wife and two children's names to the Title Register. Is it AP1 to add persons or TR1 to transfer part ownership?
To date, we haven't applied for Probate because we don't believe we've had to. That said, my gut feeling is that Land Registry might what Probate confirmation before making any title amendments by adding the three additional names?
Any advice will be gratefully received. Many thanks in anticipation.

[atticus]

Do you know whether the legal title was held as joint tenants - in which case the widow is now by law sole owner of the property - or as tenants in common - in which case FiL's share goes into his estate?

If you cannot say, please post the land registry title details here, after redacting all personal /identifying information.

[Pezza54]

Please read "Practice guide 6: devolution on the death of a registered proprietor" at www.gov.uk

If the property is owned as joint tenants, Section 4."Death of a joint proprietor of a registered estate or of a charge or mortgage" provides advice on how to remove the deceased's name from the title deeds
Form DJP and the death certificate should be sent to the Land Registry. There is no fee and Probate is not required

The guidance also provides info on the forms the executor or administrator should use if the property is owned as tenants in common

[retro pedro]

Apologies for the lengthy delay in responding, but I was unsure what was meant by 'Joint Tenant' and 'Tenants in Common'. That said I do now and wish to proceed with getting my late father in law wishes honored with his half of the property.
To outline further, my parents property was purchased back in 1999. We have the Title deeds certificate in our possession. On B: Proprietorship Register the entry states Title Absolute and shows just my parents in law as named as the Proprietor, which is correct. My father in laws Will with further Codicils additions named the three Beneficiaries to be my wife and our two daughters, which are the persons which we want entered onto the deeds.
From further investigations, my understanding is that the 'Joint Tenancy' between my mother in law and my late father in law has to be severed. First request for assistance is what form do I need to use in this situation? My understanding is RX1. Had my father in law still been alive, it would have been form SEV. Just wondering if thIs is correct?
Next procedure is that a Form A is entered against the 'B: Proprietorship Register' on the deeds. With Form A entered, this will allow the 'Tenants in Common' status to apply. Again a request for advise is being sort.
With Form A entered, is the next process to complete form AP1 application form showing the new entries being requested to be entered. In the case, 50% existing entered against my surviving mother in law and 16.666% each for my wife and my two daughters which in theory makes up the 50% previously held against my deceased father in law. I understand proof of identity forms, DR1 have to be completed for each new addition. This application will have to be accompanied by fee, currently £100, and an original copy of my father in laws death certificate.
Should my understand of process be correct, does anybody know if I can send all the documentation into Land Registry all enveloped together to spend up the process, or would I have to send RX1 in first so the Form A can be entered and follow up with the AP1 and DR1 forms at a later date? My wife does have a Lasting Power of Attorney Finance and Property for her mother. That said, the mother in law is in full agreement in that she wishes her late husbands wishes to be honored regarding the property.
Many thanks for any advise in anticipation, to confirm that I have got the interpretation of events correct or is there other elements that I need to be aware of

[atticus]

You can apply to the Land Registry to change the title to put it in mother in law's sole name. As Pezza54 said 6 months ago, see "when a joint owner dies" in this: https://www.gov.uk/update-property-records-someone-dies

Title to the property will by law have transferred automatically on FiL's death, so his "share" of the property does not become part of his estate to be dealt with under his Will. As FiL has died, it is too late to sever the joint tenancy which no longer exists.

[PallasAthena]

Can you clarify re LPA. Your MiL is still alive but does she have mental capacity to agree to transfer ownership of part of the property?

[retro pedro]

You can apply to the Land Registry to change the title to put it in mother in law's sole name. As Pezza54 said 6 months ago, see "when a joint owner dies" in this: https://www.gov.uk/update-property-records-someone-dies

Title to the property will by law have transferred automatically on FiL's death, so his "share" of the property does not become part of his estate to be dealt with under his Will. As FiL has died, it is too late to sever the joint tenancy which no longer exists.

Thank you for reply Atticus.
With this in mind and the MiL effectively owning 100% of the property, my guess is that we are now going to go to a process of the MiL giving 50% of her property to the three beneficiaries of her late husbands believed estate. In reality, the estate does NOT have any ownership on the property. Having looked, my belief is that we need to follow the TP1 form application. Are you able to advise if this is correct please.
There will be complications because the MiL is now in a Nursing Home. The care assessment team judged that she doesn't have mental capacity, hence the ruling for the MiL be retained in a Nursing Home. That said, my wife does have Lasting Power of Attorney, Finance and Property over the MiL.

[retro pedro]

Can you clarify re LPA. Your MiL is still alive but does she have mental capacity to agree to transfer ownership of part of the property?

The care assessment team judged that she doesn't have mental capacity, hence the ruling for the MiL to be retained in a Nursing Home. That said, my wife does have Lasting Power of Attorney, Finance and Property for the MiL.

[PallasAthena]

Has your wife researched whether she can use the LPA to make a transfer of ownership to herself? In general the LPA rules do not allow an attorney to use the LPA to gift the donor's property to themself. A phone call to the OPG helpline is advisable if not already done.

Have you reviewed the potential impact on your MiL nursing home funding as this may be considered a deliberate deprivation of assets in any future local authority funding assessment?

[atticus]

This is not the time to be clever. Just deal with the registration of the title in MiL's sole name. I would strongly question whether any transfer of part of that title to other family members would be a proper use of an LPA.

The question may also arise of deprivation of assets in relation to care home charges.

[retro pedro]

Has your wife researched whether she can use the LPA to make a transfer of ownership to herself? In general the LPA rules do not allow an attorney to use the LPA to gift the donor's property to themself. A phone call to the OPG helpline is advisable if not already done.

Have you reviewed the potential impact on your MiL nursing home funding as this may be considered a deliberate deprivation of assets in any future local authority funding assessment?

Good valid points and many thanks for highlighting. We will have to investigate and realise and take onboard the implications of actions, if taken.

[Tofros]

Even if you can get around the issues raised above, if the donor dies within 7 years of the gift, the value of it still has to be counted for IHT on the donors death, and will use up the relevant value of the tax free estate. Plus, any increase in value from the value at date of gift would be liable for CGT on eventual sale. You should take proper legal and tax advice.