Wife has died and held home as tenants in common with surviving husband.
Need to get the title deed amended as her share of the property was left in a property trust for surviving spouse as life tenant and children as remainderman.
There are three trustees noted in the Will.
Q1 Are the firms needed AS1 & AP1 - along with ID3 and certified grant of probate?
Q2 As the grant of probate needs to be certified by the applicants - do all three needs to certify this?
Q3 The end result is that the surviving spouse is to own his 50% and the trustees the other 50% on trust - as the applicant is all three trustees, is there anything extra that needs to be done so that the end result is achieved?
Q4 On form AS1, is the answer to section 10 - they are to hold the property on trust?
The executors/trustees have no standing to deal with the registered title. Legal ownership can only be joint. The surviving spouse becomes sole legal owner on the death of the first. Form DJP is used to notify of death of a joint owner. The surviving owner can then choose to consent or not to the addition of the trustees to the legal title. Hopefully there is a form A restriction in place which will prevent the surviving owner from selling by themselves.
Further to what Sonia says, I don’t think an AS1 would be appropriate here as only beneficial interest is being assented.
At the risk of being “that guy”, is preparing an assent or transfer of any kind not within “reserved activities” or at least skirting them very closely?