UKC

legal eagles out there? deed of variation vs form AP1

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paulcarey 08 Feb 2017
I have been helping my mum with my step-dad's estate and we want to transfer some property that was in his name. Is there are difference (or are there implications) between a deed of variation or transferring it by changing the names on the Land Registry entry through form AP1. He didn't leave a will.

Any advice (other than see solicitor, which we may end up doing in any case..) would be much appreciated!
 FactorXXX 08 Feb 2017
In reply to paulcarey:

When my brother died without a will, his estate automatically went to the Next of Kin (Parents in this case). He owned his own house and once sold, the parents did a Deed of Variation to allocate the money from the house sale and other monies elsewhere (their surviving children).
I assume the house sale was as per any other house sale with regards to Land Registry, etc.
paulcarey 08 Feb 2017
In reply to BusyLizzie:

Thanks!

Seems to be pushing us towards TR1. Not sure why the person who will benefit from the transfer is talking about a deed of variation in this case.
 thomasadixon 08 Feb 2017
In reply to paulcarey:

The two forms do different things...you'd send an AP1 with a Deed of Variation, so not it's not an option of one or the other.

The practice guides are pretty good, read them and if you're still not sure what to do see a solicitor.

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