Registering an Inherited Property

Registering an Inherited Property

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Overview

The procedure for registration of a property differs depending on whether the property is registered or unregistered. This article sets out the procedure for each, assuming the inheritance is an ordinary run of the mill one.

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Registered Properties

Registration of the beneficiary’s interest in a property that has already undergone the registration process is much simpler than for an unregistered property. In most instances you would be best to instruct a solicitor, whether the property is registered or not. But if you wish to proceed in person and you are the executor or administrator of the estate, the following steps need to be taken:

1. Obtain an official copy of the probate or letters of administration (or death certificate if the foregoing are not necessary). You will obtain these from the probate registry.

2. Obtain an up to date official copy of the Title Register.

3. Obtain an official copy of the death certificate.

4. Prepare a form AS1 Assent form, or TR1 Transfer. An assent is used where the property is gifted outright. If the property is only partly gifted to you and there is a need for you to pay some money you should use the TR1 Transfer form.

5. Prepare form AP1, which is an application for registration at the Land Registry.

6. Complete a Stamp Duty Land Tax Self Certificate (even if no Stamp Duty is payable).

7. Check the ownership of the property is correct and that all names of the owner are the same as those shown in the death certificate and probate. You will also need the Title Number and the registered address of the property, also in the Title Register.

8. Send to the land Registry at Land Registry Citizen Centre, PO Box 74, Gloucester GL14 9BB:

1. AP1 Application to Register
2. AS1 Assent
3. Official copy of Probate or Letters, or Death Certificate
4. Stamp Duty Certificate
5. Registration fee

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Unregistered Properties

Unregistered conveyancing is too complex for anyone other than a solicitor or conveyancer to attempt and therefore you should take the Title Deeds, Death Certificate and/or Probate to the solicitors and ask them to deal with the property transfer.

Your solicitors will extract from the Deeds the documents forming the chain of ownership, stretching at least 15 years back from the date the deceased purchased the property. This will include not just the Conveyances or Transfers, but other documents providing a link in the chain, including powers of attorney, and bankruptcy searches made pursuant to a change of ownership.

Your solicitor will normally prepare an indexed schedule of deeds and documents for inclusion with form FR1 (an application for first registration).

Following registration of title the deeds and documents become superfluous and will be destroyed by the Land Registry unless your solicitor asks for them to be returned, so if this is your wish you should make this clear to your solicitor.

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Obtain copy of Updated Title Register

After a sufficient amount of time has elapsed you should apply to the Land Registry for a copy of the Title Register and check that the name and address details are correct. Spelling mistakes and Christian name omissions can cause problems in the future, so this would be the time to ensure they are corrected.