Transfer to an individual
Homeowners may decide to transfer a property to a family member while they are still alive, to minimise any inheritance tax which would otherwise be due. Such transfers are known as ‘lifetime transfers’, ‘potentially exempt transfers’ and ‘PETs’. In order for this to be effective, the transfer must take place at least 7 years before they die. There are various other reasons for transferring property to an individual as a gift.
To effect a transfer, Form TR1 is required to be filed with the Land Registry. For more information on Form TR1 and help with filling it out, read How to fill out Form TR1.
Transferring property into one name or into joint names
Homeowners will often decide to add the name of their spouse to their property deeds when they get married. The opposite may take place upon divorce or separation. In either case, Form TR1 needs to be used (as with the transfer to an individual). A Declaration of trust may also be required. It is a good idea to seek advice from a lawyer on your particular situation.
Probate
If a property is inherited as part of the estate of the deceased, the regular probate process will cover the transfer of property. Probate involves applying for a grant of probate or a grant of letters of administration by filling in a 'Probate application form' (Form PA1P or Form PA1A). For more information, read Probate.