Manchester Conveyancing Solicitors | Ford Banks Irwin Solicitors - The Property Lawyers in Manchester on Transfer of Deeds and Names on Title Deeds of any House / Apartment / Flat.
Please note: Not to be used or relied upon without legal advice. These notes are for illustration purposes ONLY
continued from page 1 . . .
Transfer of Deeds or Names on Title Deeds
Death of a joint proprietor of a registered Property or of a Mortgage or Charge
If Conveyancing Solicitors and Property Lawyers need to apply to Land Registry to withdraw the name of a deceased joint proprietor of the registered Property or of a Mortgage or Charge from the Deeds, they will need to supply the following:
- form DJP;
- evidence of death, either:
(a) original death certificate, or written confirmation by a Solicitor of the fact of the death, which should include the full name of the deceased, the date and place of death and either the date of birth or the age at death of the deceased, or
(b) original grant of probate or letters of administration, or a certificate given by the Solicitor that he or she holds the original or an official copy of such grant of probate or letters of administration.
Liability for death duties
Where the proprietor of a registered Property died before 13 March 1975 and it appeared that the registered Property was subject to a Mortgage for death duties, Land Registry used to make the following entry in the Property Deeds as a matter of course.
"Until the registration of a disposition in favour of a Purchaser for money or money's worth, the Property is liable to such death duties as may be payable or arise by reason of the death of [name] of [address] who died on [date]"
Land Registry automatically cancel this entry upon the registration of a transfer of the registered Property on sale or other disposition for value. However, Conveyancing Solicitors and Property Lawyers can apply to cancel it at any time by lodging form CN1 completed by the Commissioner for HM Revenue and Customs.
Liability for Capital Transfer Tax
When inheritance tax is due to the Commissioner of HM Revenue and Customs, a statutory charge in their favour is imposed on the registered Property that is the subject of the gift. The Commissioner can, when the so wish, apply using form AN1 to protect this charge by entering in the Property Deeds an agreed notice under rule 80 and 81, Land Registration Rules 2003 as follows:
"Notice of an Inland Revenue charge (reference number . . . ) in respect of such . . . tax as may arise . . ."
Where appropriate, Land Registry may also make such an entry at the time of first registration of the Property.
When such an entry appears in the Property Deeds Land Registry will only cancel it upon receipt of form CN1 completed by the Commissioner of HM Revenue and Customs. If the Commissioners have certified in the form CN1 that the application for cancellation is only to take effect upon the registration of a disposition to a purchaser, then Land Registry will remove the entry from the Property deeds only when the form CN1 is accompanied by a proper application to register the transfer, or other specified disposition, in favour of the purchaser. The entry will remain on the Property Deeds even upon the registration of a transfer on sale until Land Registry receive a form CN1 completed by the Commissioners.
On application for first registration not based on a disposition for value and where a gift has been made within eight years of the date of application, where no Mortgage is disclosed and no class D(i) land charge is registered, consideration will be given as to whether any liability to capital transfer tax or inheritance tax has arisen.
If it appears from the application that the Property being registered may be subject to a charge for inheritance tax Land Registry will inform the Conveyancing Solicitors and Property Lawyers that they intent to make the following entry in the Property Deeds:
"Notice of the possibility of an Inland Revenue charge in respect of such inheritance tax as may arise as a result of the death of ... who died on ..."
However if Conveyancing Solicitors and Property Lawyers set out in writing details of the surrounding circumstances of the case and confirm that either no inheritance tax was ever payable, or that it has been paid in full, the entry will not be made. Alternatively, Conveyancing Solicitors and Property Lawyers can supply a certificate of discharge from the Capital Taxes Office, or a letter from the Capital Taxes Office addressed to the Registrar confirming the same.
(All italics in this page are Crown Copyright and reproduced here for your information with permission from HM Land Registry)
. . . continued on page 3 (Manchester Conveyancing Solicitors Property Lawyers on Transfer of Deeds or names on Deeds 3)
Please telephone Paul on 0161 866 8999 if you require any further information.
Ford Banks Irwin Solicitors
50 Stothard Road
Stretford
Manchester
M32 9HB
Tel: 0161 866 8999
Fax: 0161 866 8333
E-mail: info@FordBanksIrwinSolicitors.co.uk
Or you can use the ENQUIRY FORM (click here).
(you may need to press control 'Ctrl' button on your keyboard when clicking on the enquiry form link if you have a pop up blocker active)
Manchester
City Centre Serviced Office - Conference rooms are also
available by prior appointment at:
Manchester
Conveyancing Solicitors | Ford
Banks Irwin Solicitors
Pall Mall Court
King Street
Manchester
M2 4PD
Tel: 0161 866 8574
Please telephone 0161 866 8999 for a free quote.
Manchester Conveyancing Solicitors Property Lawyers on Transfer of Deeds or names on Deeds page 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 |
11 | 12 | 13 | 14 | 15 | 16 | 17 | 18 | 19 | 20 | 21 | 22 | 23 | 24