Many estates in the UK will include at least one property, although, shockingly, only a little over half of UK adults hold an up-to-date will. If you haven’t made a will yet, read more about your options on our Will writing services page. When a loved one dies, they may name beneficiaries in their will who will inherit their property, or the property may need to be sold. Property given in a will should have the ownership transferred to the new owner or co-owner (upon the death of a spouse). This blog looks at transferring ownership of a property after a death.
What Does Transferring Ownership Mean?
Changing the name on the property’s title deeds is referred to as transferring ownership. The paperwork for this will vary depending on the unique situation, for example:
- Was there a legitimate will for the deceased? (If there is no valid will, the estate is distributed under the UK intestacy rules.)
- Does the property have renters
- Is the property co-owned
What Is The Easiest Way To Transfer Property After Death?
Once probate is granted, the executor will manage the title transfer in accordance with the deceased’s wishes if a valid will is in place. However, if there is no valid will, the rules of intestacy apply. This will indicate who can inherit the property. A letter of administration must be issued so an administrator can properly administer the estate and handle the title adjustments. The executor or administrator must fill out the appropriate forms. These include:
Form AS1 – a form confirming that the executor or administrator accepts the property transfer to the beneficiaries.
Form AP1 – a form the Land Register uses to execute the transfer.
TR1 is the standard form for transferring the whole of a registered title (whether it’s to one person or joint owners).
TP1 is used to transfer part of a property (e.g., selling a portion of a garden or splitting a large estate).
A certified or sealed copy of the Grant of Representation – this is the Grant of Probate/ Letters of Administration, a copy of the death certificate and may also include a copy of the will. This is to be sent to the Land Registry.
Before transferring property ownership, probate is often required. Learn more about the process on our Probate guidance page.
Transferring Property Ownership in Joint Names
The surviving owner usually automatically inherits the jointly owned property (spouses/civil partners/friends/relatives). This is known as the Right of Survivorship. Although the remaining owner will already be listed on the deeds, a Deceased Joint Proprietor form must still be submitted to the Land Registry to reflect the change in circumstances. The surviving owner will also inherit any mortgage left on the property. The beneficiary needs their mortgage provider’s authorisation to transfer the deeds into their name exclusively. Right of Survivorship only applies to Joint Tenants. If the deceased was a Tenant in Common, their share does not automatically go to the other owner; it follows their Will or intestacy rules.
To inquire about drafting a will, contact Braintree Wills.