Is it legal just to register a TR1 after death?

by Readers Question

9:18 AM, 21st August 2020
About 3 months ago

Is it legal just to register a TR1 after death?

Make Text Bigger
Is it legal just to register a TR1 after death?

Hello everyone and thanks in advance for your advice. As in the title: Is it legal for a TR1 form to be registered after the death of the owner?

I had a relative that died on the 22nd and according to his new wife wanted to transfer 50% of his property to her which he owned outright. Because of the man and wife element, there were no solicitors and conveyancing, just her say so and a TR1. This was registered with Land registry on the 23rd.

He had left a Will giving her a life interest in the property and then 100% of the house was to go into a trust for his family from his first marriage.

So is it legal to register a transfer after a death?

How to challenge such a transfer?

Many thanks

Blueberry


Share this article

Twitter Facebook LinkedIn

Comments

Neil Patterson

9:53 AM, 21st August 2020
About 3 months ago

Lindsay Keith

11:39 AM, 21st August 2020
About 3 months ago

This is unclear and lacking in vital information, such as:
1. who signed the TR1?
2. date of TR1, presumably before the death?
3. proof of posting (date) to support / verify date written on form TR1

A Conveyancer (not me) will be able to say if the LR will honour the registration made after death even if proved to have been posted and signed by the deceased before death?

Undue influence??

On the frail evidence offered, I suspect the Will prevails, obviously not in the potential claimant's interest!

moneymanager

14:07 PM, 21st August 2020
About 3 months ago

Reply to the comment left by Lindsay Keith at 21/08/2020 - 11:39
Neil's link is specifically for POST death transfers by or on behalf of the beneficiaries, the OPs point is the validity of the, immediate, TRI.

A few points:
1) was there any form of LPA Personal, financial, or both) in place and if so was the Atorrney the wife i.e. conflict of interest and mental capacity

2) Without any corroborating statement i.e. in the form of a contract is the TR1 even valid, contingently perhaps but what if it is contested. This might give you a steer https://guildfordchambers.com/tickboxes-and-trusts-when-does-a-tr1-form-amount-to-an-express-declaration-of-trust/

3) is the wife an executor or even a trustee of the trust, a potential breach of duty

You may not have intended to engage a solicitor, I think you should.

Ian Narbeth

15:25 PM, 21st August 2020
About 3 months ago

Blueberry, trying to untangle this without legal advice will be nigh on impossible. You write: "He had left a Will giving her a life interest in the property and then 100% of the house was to go into a trust for his family from his first marriage" and that "according to his new wife wanted to transfer 50% of his property to her which he owned outright". If the marriage post-dated the will, the will is revoked. If the will post-dated the marriage then she will probably have to show the TR1 was properly executed by her late husband.
There may be a dispute between the new wife and the family from the first marriage. The parties should get legal advice.

moneymanager

18:36 PM, 21st August 2020
About 3 months ago

I mistakenly posted to another reply so:

Neil's link is specifically for POST death transfers by or on behalf of the beneficiaries, the OPs point is the validity of the, immediate, TRI.

A few points:

1) was there any form of LPA Personal, financial, or both) in place and if so was the Atorrney the wife i.e. conflict of interest and mental capacity

2) Without any corroborating statement i.e. in the form of a contract is the TR1 even valid, contingently perhaps but what if it is contested. This might give you a steer https://guildfordchambers.com/tickboxes-and-trusts-when-does-a-tr1-form-amount-to-an-express-declaration-of-trust/

3) is the wife an executor or even a trustee of the trust, a potential breach of duty

You may not have intended to engage a solicitor, I think you should.


Leave Comments

Please Log-In OR Become a member to reply to comments or subscribe to new comment notifications.

Forgotten your password?

OR

BECOME A MEMBER

Property Investors Awards - Winners Announcement 2020

The Landlords Union

Become a Member, it's FREE

Our mission is to facilitate the sharing of best practice amongst UK landlords, tenants and letting agents

Learn More