What documents are required to update the Land Registry following probate?

The documents needed depend on what is being recorded after the owner’s death. An executor transferring the registered property to a beneficiary will generally provide the probate authority, the relevant Land Registry application and transfer documents, identity evidence, and any supporting papers required by the title. The exact requirements can change where there is a mortgage, a restriction, a trust, more than one registered owner or a sale to a third party.

Core documents for most applications

• Grant of probate: This demonstrates the executor’s authority to deal with the deceased’s estate. A sealed or official copy may be required rather than an informal photocopy. If probate was not needed, another form of authority may apply, such as letters of administration.
• Land Registry application: Form AP1 is commonly used to apply to change details on an existing registered title. The application should identify the title number, property and changes requested.
• Transfer or assent document: Form AS1 is generally used when a personal representative assents a property to one or more beneficiaries. If the property is being transferred to someone who is not taking it as a beneficiary, a different deed, often TR1, may be appropriate. The deed must be correctly completed and executed by the people with authority to sign it.
• Evidence of identity: HM Land Registry may require identity forms and supporting identification for the parties involved, particularly where the application is not lodged by a conveyancer. The required form can differ according to whether the person is an individual, company, attorney or conveyancer.

Documents that may be needed to support the application

• Official copies of the title register and title plan: These help confirm the registered proprietor, title number, class of title, restrictions, charges and the extent of the land. They should be checked before the application is prepared, as the register may reveal requirements that are not apparent from the property address alone.
• The will or relevant estate documents: The will is not routinely filed with every Land Registry application, but it may be needed if the entitlement to the property is unclear, if the property is held on trust, or if the personal representative’s authority needs clarification.
• Death certificate or other evidence of death: This may be requested in particular circumstances, although the grant of probate will often provide the principal evidence that the registered owner has died. Where there were joint proprietors, evidence of death may be relevant to an application removing the deceased owner’s name.
• Trust documents: A declaration of trust, deed of appointment, deed of variation or other trust paperwork may be relevant where the beneficial ownership differs from the registered ownership or the property is being transferred to several beneficiaries.
• Mortgage or charge documents: A lender’s consent, evidence of redemption or a discharge may be required if a registered charge is to remain, be removed or be dealt with as part of the transaction. The Land Registry cannot simply remove a charge because the property has passed through probate.
• Documents dealing with restrictions: A restriction in the register may require a certificate, consent, compliance statement or other evidence from a named person or organisation. The wording of the restriction should be followed precisely.
• Lease and landlord or management-company documents: For leasehold property, the lease may impose notice, consent or registration requirements. The freeholder, landlord or managing agent may also require notice of the transfer, even though this is separate from the Land Registry application.
• Company or attorney documentation: Where an executor acts through a company, attorney or professional representative, additional evidence of authority may be needed, such as company details, a power of attorney or documents confirming the representative’s appointment.

Documents for a sale after probate

If the property is being sold rather than transferred directly to a beneficiary, the conveyancing file will usually include the sale contract and transfer deed, together with evidence that the personal representatives have authority to sell. The buyer’s conveyancer may also request the grant of probate, certified identification, the title documents, property information forms and replies concerning leasehold or title matters. Any mortgage, restriction, trust or boundary issue should be dealt with before completion where possible.

A sale can involve a different Land Registry application from an assent. For example, the personal representatives may first need to be registered as proprietors, or the buyer’s conveyancer may apply to register the buyer directly using the probate documents as evidence of the seller’s authority. The correct route depends on the title and the transaction, so the application should not assume that an AS1 is suitable simply because probate has been granted.

Checking the documents before submission

1. Obtain an up-to-date copy of the register and title plan and check the title number, property description and registered ownership.
2. Confirm whether the deceased owned the property alone or jointly, and establish whether the property passed under the will, intestacy rules or a trust.
3. Identify every restriction, charge, lease condition and other entry that could require additional evidence or consent.
4. Ensure names, addresses and dates are consistent across the grant, transfer deed, application form and identity documents. Explain any difference, such as a former name, rather than leaving it unexplained.
5. Check that the deed has been signed and witnessed in the correct way and that all required parties have executed it.
6. Include the correct fee and any certificate, consent or supporting document specified by the register or the relevant form guidance.

HM Land Registry may raise a requisition if information is missing, inconsistent or incorrectly executed. A requisition can request a corrected form, further evidence of authority, clarification of a trust or compliance with a restriction. Keeping the grant, title register, signed deed, identity evidence and supporting correspondence together makes it easier to answer such a request accurately.

Land Registry registration rules discussed here apply to registered property in England and Wales. Property in Scotland or Northern Ireland is dealt with by different land registration systems and may require different forms and evidence. Where the estate includes unusual ownership arrangements, an unregistered property, disputed entitlement or complex trust, a conveyancer or probate practitioner should confirm the document list before submission.