Life interest trust wills. My mum passed away, any guidance on what next?

[Fuzzy123]

My mum and step-dad both made life interest trust wills. My sister, my step-dad and myself have been named as both executors and trustees on my mother's will.

We've recently had probate granted (we did this ourselves to avoid solicitor costs).

Now it's just a question of how to deal with the house.

My mum and step-dad changed the ownership of their house from joint tenants to tenancy in common just before they made their wills.

The will essentially sets out that my step-dad has an interest in possession to my mum's estate so that he can live there and/or collect rent etc, then after he passes away my mum's share of the house will be passed onto my sister and me regardless of whether he remarries etc.. All seems fair.

So from what I understand, my mum's estate (half of a house) should be held in a trust for the duration of my step-dad's life.

My question is, how do we declare this life interest trust with HM Land Registry? Is this something we can easily do ourselves, if so which form do we use, or should we get professional advice?

Been searching on the internet for ages for answers but struggling to find anything specific as to how you declare it with HM Land Registries.

[dslippy]

Thye Land Registry are interested only in the identity of the trustees and whether the property is held under a joint tenancy or as tenants in common. The actual trusts are not of interest.

[Fuzzy123]

So when we let Land Registry know my mum is deceased, do we transfer her share to my sister, me and my step-dad (the 3 trustees on her will), or just me and my sister, since my step-dad is already listed? Thanks!

[Sam101]

The short answer is no. It belongs to the Trust and not the beneficiaries. The property is owned as tenants in common between your Dad and 'The Trust of Mrs ????? '. but if the Registry will not allow that change, then a charge could be registered against the property to prevent any dealings without the charge being removed. The charge being a 'safeguard' that should ensure that the half belonging to the Trust is protected.

If you speak with the Land Registry, they should be able to let you know if the Trust can be registered as part owner and which forms to complete. Otherwise, which forms are needed for the legal charge.

[Fuzzy123]

Great, thank you very much!! I'll update my findings after I speak to them in case someone else in the future has the same question.

[Sam101]

Always a good idea to let theforumknow the result. It is a great help to others.

[dslippy]

The Land Registry place a tenancy in common restriction on the proprietorship section of the title - not a charge. The difference is fundamental.

[Jan777]

Apologies for probably asking the same question as Fuzzy123 but I’m in a similar situation. I am executor and main beneficiary of my Mums Estate and have the Grant of Probate.My dads never informed the mortgage company of my Mums death 7yrs ago and although there is only a small mortgage the house is worth quite a lot .My Mums name is still on the deeds as a tenant in common and her estate is in trust for me and my Daughter until my Dad dies. How do I register mine and my Daughter’s beneficial interest ?
can my Dad simply put me on the deeds with him ? Many thanks for any advice xx