transfer of a property

[Yiannis17]

Morning

I have a situation here where a father and son held a rental property jointly. The father passed away and by the terms of the will all assets pass over to the wife.

Having just spoken to the son and receiving probate the son wants the whole property transferred onto his own name. There is a joint mortgage on there that property too.

Before transferring this to the son, should there be an initial transfer to the wife and then to the son or can she be by passed?

Thank you

[AGoodman]

If they owned it jointly, it passes to the son as survivor anyway (irrespective of what the will says as it never forms part of the estate).

If tenants in common, the executors will need to assent their interest to the son. He may also need to appoint a second trustee (e.g. his mother) to transfer legal title to him alone, removing the Form A restriction on title.

[maths]

AG, assuming the beneficial interests were held as tenants in common (i.e. father/son) but under the father's will his (say) 50% interest is left to his surviving wife then any assent by the PRs of father's beneficial interest will be to the wife not son?

If wife executed a DoV in favour of son then PRs could assent to the son?

The legal title (held jointly of course) will automatically reside with the son following father's death.

Have I misunderstood your post?

[AGoodman]

True - it could be an assent to wife followed by assignment by her to son. Both only relate to the 50% beneficial interest.

Once the whole beneficial interest is owned by the son, it may be possible to just remove the Form A restriction by demonstrating to the LR (with the above documents) that he is also the sole beneficial owner and the trust has come to an end. I think there's a form for it but I'm no conveyancer.