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Please telephone 0161 866 8999 for additional information

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

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Transfer of Deeds or Names on Title Deeds
 
Death of a sole proprietor (or sole surviving proprietor) of a registered Property or of a Mortgage or Charge

Registration of the personal representatives:
To register the personal representatives of a sole registered proprietor of a registered Property or of a Mortgage or Charge, Conveyancing Solicitors and Property Lawyers will need to send the Land Registry the following:
- application in form AP1;
- evidence of the grant of representation, which should be either the original or official copy of the grant of probate or letters of administration (Land Registry will return this form) or a certificate confirming that the Conveyancing Solicitors and Property Lawyers hold the original or an official copy of the same;
- the fee payable under the current Land Registration Fee Order.

Once they are registered as proprietors, the personal representatives can later transfer or assent the Property, or the Mortgage or Charge.


Registration of a disposition by the personal representatives

The personal representatives of a deceased sole proprietor of the registered property, or of a Mortgage or Charge, may, without first being registered themselves in that capacity, deal with that registered Property or Mortgage. They may do this by way of a transfer, or by way of an assent or appropriation using the appropriate form in either case. To make an application to Land Registry the Conveyancing Solicitors and Property Lawyers will need to send the Land Registry the following:
- form AP1 (form FR1 if the transfer or assent triggers first registration)
- either transfer form TR1 or TP1 (if only selling part of the registered Property), or assent form AS1 or AS3 (if only part of the registered Property is the subject of the assent).
- either transfer form TR3 (if the deceased was proprietor of a Mortgage or Charge) or assent form AS2;
- the original probate or letters of administration, or a Court Order appointing the transferor as the deceased's personal representative, or (where a Solicitor is acting for the applicant) a certificate given by a Solicitor that he or she holds the original or a certified copy of the probate, letters of administration or Court Order. Land Registry will not need this evidence if the personal representatives are already registered as proprietors in that capacity.
- the fee payable under the current Fee Order

NB1: Any transfer by the personal representative(s) to the beneficiaries should be accompanied by a stamp duty land tax self-certificate.

NB2: For the vesting of registered Property in a new Tenant for life where there is a settlement under the Settled Land Act 1925, Conveyancing Solicitors and Property Lawyers should use form AS1 or AS3 as appropriate, adding the following provisions, with any necessary alterations and additions, to the additional provisions panel.

"The Personal Representatives and the Recipient declare that:
(a) the Property is vested in the Recipient upon the trusts declared in the Will of (name of deceased) proved on (date);
(b) the trustees of the settlement are (names of trustees);
(c) the power of appointment of new trustees is vested in (name);
(d) the following powers relating to registered Properties are expressly conferred by the Will in addition to those conferred by the Settled Land Act 1925: (additional powers set out here)"

Conveyancing Solicitors and Property Lawyers should also make an application for proper restriction using form RX1. The special grant should be lodged in support.


Discharge of a Mortgage or Charge of which the deceased was the sole proprietor:

The personal representatives of a deceased sole proprietor of a Mortgage or Charge may, without first being registered themselves in that capacity, wish to apply to cancel the registration of the Mortgage or Charge after it has been discharged. To make an application to Land Registry the Conveyancing Solicitors and Property Lawyers will need to supply the following:
- form AP1 or form DS2;
- form DS1 (where all the registered Property is released from the Mortgage or Charge)
- form DS3 (where the Mortgage or Charge is discharged as to only part of the registered Property)
- the original grant of probate or letters of administration (Land Registry will return this to the Conveyancing Solicitors and Property Lawyers), 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.

 

(All italics in this page are Crown Copyright and reproduced here for your information with permission from HM Land Registry)

. . . continued on page 2 (Manchester Conveyancing Solicitors Property Lawyers on Transfer of Deeds or names on Deeds 2)

Please telephone Paul on 0161 866 8999 if you require any further information.

                       
    

Contact Us

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).

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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. 


 
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