15. Updating the property records held by HM Land Registry in England
☐ The Land Registry keeps digital records of property and who owns it, including scans of title deeds.
When someone who owns a house, flat or land dies, the records will need to be updated.
The executor or administrator must go through probate and get the correct legal documents.
The executor does not need to appoint a solicitor to complete the transfer, but they may wish to.
If there is a mortgage, then the mortgage company may insist upon legal representation. You may need to remortgage, or the mortgage may need to be paid off.
There are several different ways a property might be owned:
- One owner (sole owner).
- Two joint owners (joint tenancy). If the property is owned as joint tenants, legal ownership will pass to the joint owner and probate won’t be needed before updating the register.
- Two or more owners (tenants-in-common) that hold the property in either equal or unequal shares. If this wording is present Form A restriction, then the property is likely to be owned as tenants-in-common.
Identifying property ownership details
Before you can update property records, you need to know:
If the property was registered with HM Land Registry. https://www.gov.uk/search-property-information-land-registry
How the person who died owned the property.
Land Registry provides a summary of details and allows you to buy a copy of the register.
Updating records when a sole owner dies
There are two main scenarios for updating the register after a sole owner dies.
Transferring to a beneficiary:
- Transferring a property to one person
If the property is being transferred to a person named in the will (the beneficiary), the executor or administrator needs to transfer the legal ownership.
several steps to follow:
- Fill out an application to change the land register (AP1). https://www.gov.uk/government/publications/change-the-register-ap1
- Complete an Assent (AS1). https://www.gov.uk/government/publications/whole-of-registered-title-assent-as1
- To complete the AS1 the executor will need the title number of the property. They can find this on the title entry on the land register.
- They will then need to complete the rest of the form. They will need the address, the deceased person’s details and the beneficiary details.
- The personal representative will need to confirm the ‘title guarantee’. Title guarantee is a legal assurance that the seller has the right to sell the property. This is to protect the buyer.
- There are two types of title guarantee — full title guarantee and limited guarantee.
- Full title guarantee means that the person selling the property has full knowledge of the property i.e. if they have been living in the property as their main residence. It provides the highest level of protection for the buyer.
- Limited guarantee is used where the seller has no personal knowledge of the property i.e., they did not live in the property.
- The person inheriting the property must confirm their identity using form ID1 (Verify identity) for the beneficiary. https://www.gov.uk/government/publications/verify-identity-citizen-id1
- ID1 form is usually signed by a solicitor who has checked your original identity documents (usually a passport, driving license, proof of addfress ). A solicitor will charge to do this. About £250.
- If you would prefer not to use a solicitor, you can complete a different form called an ID3. This form requires their identity to be verified by someone they have known for at least a year. https://www.gov.uk/government/publications/certificate-of-identity-for-a-private-individual-id3
- On form AS1 they will need to confirm in section 10 how the property will be held.
- If two beneficiaries have inherited the property equally then they will need to confirm if they are going to hold the property as joint tenants or tenants-in-common.
- Joint tenants each own a share of the whole property and have equal rights and responsibilities. If either joint owner dies, then their share will pass automatically to the surviving owner.
- Tenants-in-common own a distinct 50% share of the property. If one owner dies, then their share will pass in accordance with their Will or the intestacy rules.
- If beneficiaries have inherited unequal shares, they will need to hold the property as tenants-in-common.
- They will need to complete the steps above but also either complete a separate declaration of trust to confirm the shares or complete a joint ownership form. https://www.gov.uk/government/publications/jointly-owned-property-trust-registration-jo
- Signing land registry forms
☐The AS1 form needs to be signed in the form of a ‘deed’.
☐This means that there is specific wording to include in the declaration and that they will need to sign in the presence of a witness. The witness should be independent, which means they should not be a relative of the PR. As an example, a friend, neighbour or work colleague can be a witness. The same witness can act for all personal representatives.
☐The personal representative should include the wording: ‘Signed as a deed by: (name of personal representative), witness signature………., witness name, witness address, witness occupation’. This should be repeated for every personal representative.
Transferring a property into one person’s name
☐If a property is owned jointly by two or more people, but one or more names need to be removed from the title there is a set procedure for this.
☐It can also happen if siblings have purchased/ inherited a property together and certain people later want to be released from the ownership.
☐In order to transfer a property into one person’s name, you will need to complete a ‘Transfer of Whole of Registered Title’ form and send it to HM Land Registry, along with the correct fee and identity verification forms. https://www.gov.uk/government/publications/registered-titles-whole-transfer-tr1
19.Send these completed forms and the original Grant or Probate or Letters of Administration to the Land Registry. Fees apply.
HM Land Registry Citizen Centre
PO Box 74
Gloucester
GL14 9BB
Selling to a third party:
If the executor or administrator decides to sell the property to someone else who is not a beneficiary, you will need to transfer ownership.
You can’t complete a sale until probate has been granted. Additionally, probate properties may require valuation for tax purposes, such as inheritance tax The IHT400 or Stamp Duty Land Tax (SDLT), further complicating the process.
You can get all the Inheritance Tax forms directly from the Government’s official website at www.gov.uk/inheritance-tax. The site includes both PDF versions and spreadsheets (such as the Master Financial Summary) that can help with your calculations. These tools are useful for keeping track of the estate’s value and updating figures as you get more accurate information.
If you’re completing Form IHT400, you’ll also need to get an IHT Reference Number from HMRC. You can apply for this online, and it’s a good idea to do so at least three weeks before you plan to make any tax payments.
https://assets.publishing.service.gov.uk/media/695238fe83635dc70450ff9c/IHT400_Fillable.pdf https://www.gov.uk/government/collections/inheritance-tax-forms#forms-when-inheritance-tax-is-due,-or-a-full-account-is-needed
But you can put the property on the market for sale and start the process of finding a suitable buyer.
You must pay Stamp Duty Land Tax (SDLT) if you buy a property or land over a certain price in England and Northern Ireland. Stamp Duty Land Tax (SDLT) forms cn be obtained from https://www.gov.uk/stamp-duty-land-tax
LR Mistakes That Delay Registration
Land Registry applications are frequently delayed by small errors. Watch out for:
- Mis-typed names or wrong company numbers for either party.
- Leaving obvious blanks (e.g. consideration or address for service).
- Incorrect or missing execution – for example, no witness details for a director signing alone.
- Forgetting to include consents where the title has a restriction (e.g. lender’s consent to transfer).
- Panels clauses that conflict with the register entries or the contract wording.
- Failing to submit the reference or misunderstanding an exemption.
- Not attaching a plan where transferring part or where rights need a plan reference.
- Not signing ID forms
- Because LR is a deed, you need to ensure the formalities are met. accepted execution methods include two authorised signatories or with an independent witness. Your witness should be over 18, not related to the signatory, and not a party to the transaction.
- Potential Pitfalls and Common Mistakes to Avoid for Stamp Duty Forms
- Incomplete Documentation: Failure to provide all required evidence can lead to delays or rejection of your claim.
- Incorrect Valuation: Overestimating or underestimating the property’s value may trigger audits or result in incorrect SDLT calculations.
- Missing Deadlines: Late submissions are among the most common reasons claims are denied.
- Misunderstanding Eligibility: Ensure all criteria, such as the deceased’s residence status and the permitted area limit, are met before filing a claim.
Updating records when a joint owner dies
The process for updating property records when a joint owner dies depends on how the property was jointly owned.
Property held as joint tenants
If the property was owned as joint tenants, the legal ownership automatically passes to the surviving joint owner upon the death of the other owner. In this case, you typically only need to notify HM Land Registry of the death. This is done using the form DJP. Download the form from GOV.UK and return it to HM Land Registry with a copy of the death certificate. There is no charge for this service.
Property held as tenants in common.
If the property was owned as tenants in common, the share of the person who died does not automatically pass to the surviving party.
Deed of variation
Deed of variation
is an agreement of changes to a will that can be made by beneficiaries.
alters the distribution of their part of an estate.
allows you to change your share of an inheritance.
Here are some key changes you can make:
- Redirect specific assets to different beneficiaries.
- Give away all of your entitlement.
Set up a trust
Summary of Government Forms
Handling property transfers after a death in the UK involves navigating specific Land Registry and HMRC requirements. Here is a breakdown of the essential forms and procedures.
1. Land Registry: Ownership Updates
The form required depends on how the property was held and who is receiving it:
- For Joint Owners: Use Form DJP to remove the deceased’s name from the title.
- For Sole Owners (Assent): Use Form AS1 (whole property) or Form AS3 (part of the property) to transfer the title to a beneficiary.
- For Sales: Use Form TR1 if the executor is selling the property to a third party rather than a beneficiary.
- Administrative Support: Form AP1 is typically submitted alongside these to officially change the register.
2. HMRC: Tax and Reporting
While inheritance is generally exempt from Stamp Duty Land Tax (SDLT), certain filings are mandatory:
- Probate Forms: Before the transfer, IHT400 (complex/taxable estates) or IHT205 (simpler estates) must be filed to handle Inheritance Tax.
- Stamp Duty (SDLT1): Required only if a beneficiary is buying out others or if money (“chargeable consideration”) changes hands.
- SDLT5 Certificate: Issued by HMRC after filing an SDLT1; this is necessary to complete the Land Registry process.
Summary Table: Forms by Scenario
| Situation | Key Paperwork |
| Survivor stays in joint home | Form DJP + Death Certificate |
| Transfer to a beneficiary | Form AS1 + Probate/Letters of Administration |
| Selling the property | Form TR1 + Probate/Letters of Administration |
| Buying out other heirs | Form TR1 + Form SDLT1 |
Critical Considerations
- Cost vs. Compliance: Transfers via a Will are SDLT-exempt if no money is exchanged, but the legal paperwork must still be completed to ensure the title is valid.
- Unregistered Land: If the property isn’t on the Land Registry, the process involves physical title deeds rather than the forms listed above.
- Timing: Prompt filing is recommended to prevent complications during future sales or mortgage applications.
3. Mandatory Identity Forms
When you are dealing with a property transfer yourself (without a solicitor or conveyancer), the Land Registry requires formal identity verification to prevent fraud. These forms are mandatory for both the person transferring the property and the person receiving it.
If you are an unrepresented “citizen” (not using a lawyer), you must include these with your application:
- Form ID1 (For Individuals): This is the standard form for private individuals.
- Who needs it: Each person involved in the transaction (e.g., the executor/administrator and the beneficiary).
- Verification: You cannot verify yourself. You must take the form to a “verifier” (usually a solicitor, notary, or chartered legal executive).
- Requirements: You will need two identical passport-sized color photos and original ID (like a passport or driving license).
- Form ID2 (For Corporate Bodies): Used if the property is being transferred to or from a company or corporate entity.
- Form ID3 (Non-Conveyancer Verification): A simpler form used if you cannot get to a solicitor and need your identity verified by a professional you know (like a doctor, dentist, or teacher).
- Note: This is often only accepted for certain application types; for a full transfer of ownership, an ID1 verified by a legal professional is typically preferred.
The Verification Process
- Complete Section A: Fill in your personal details, including a 5-year address history.
- Professional Appointment: Book an appointment with a solicitor or conveyancer to complete Section B.
- Tip: Most solicitors charge a small fixed fee (usually £50–£100) for this “ID verification only” service.
- Certification: The verifier will sign the back of your photographs and the form to certify that you are who you say you are.
- Submission: The completed ID forms must be sent to the Land Registry along with your AP1, AS1/TR1, and the Grant of Probate.
IMPORTANT
Expiry Date: ID1 and ID2 forms are only valid for three months from the date they are signed by the verifier. Do not get them signed until you are ready to submit your full application.
Summary of ID Requirements by Scenario
| If you are… | Use Form… | Who verifies it? |
| A private individual | ID1 | A solicitor or conveyancer |
| Living abroad | ID1 | A notary public or local lawyer |
| Representing a company | ID2 | A solicitor or conveyancer |
| Using a solicitor for the whole sale | None | Your solicitor handles ID internally |
4. Land Registry Fees (2026)
Fees depend on the property value and whether you apply by post or electronically. Most “Assents” (inheritance) follow Scale 2.
Scale 2 Fees (For AS1 Assents / Transfers with no money changing hands)
| Property Value | Electronic Fee (Portal) | Postal Fee |
| £0 – £80,000 | £20 | £45 |
| £80,001 – £100,000 | £20 | £45 |
| £100,001 – £200,000 | £30 | £70 |
| £200,001 – £500,000 | £45 | £100 |
| £500,001 – £1,000,000 | £65 | £145 |
| Over £1,000,000 | £140 | £305 |
Scale 1 Fees (For TR1 Sales / Buying out heirs for money)
| Property Value | Electronic Fee (Portal) | Postal Fee |
| £100,001 – £200,000 | £100 | £230 |
| £200,001 – £500,000 | £150 | £330 |
| £500,001 – £1,000,000 | £295 | £655 |
Summary Checklist for Submission
- Form AP1 (The application)
- Form AS1 (The transfer deed)
- Grant of Probate (Certified copy)
- Form ID1 (For each person, verified by a solicitor)
- Fee (Cheque made payable to “HM Land Registry”)