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Do I Need A Solicitor To Gift A Property To A Friend?

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OldChestNuts | 22:18 Sun 30th May 2021 | Law
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If I do need a solicitor, what type of solicitor do I need? And how much will typically cost?
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You'll need form TR1:
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/847845/TR1__2019-06-17_.pdf

The notes that accompany the form are here:
https://www.gov.uk/government/publications/registered-titles-whole-transfer-tr1/guidance-completing-form-tr1-for-the-transfer-of-registered-property

You'll also need form AP1
https://www.gov.uk/government/publications/registered-titles-whole-transfer-tr1/guidance-completing-form-tr1-for-the-transfer-of-registered-property
for which the guidance notes are here
https://www.gov.uk/government/publications/change-the-register-ap1/guidance-completing-form-ap1

(The previous paragraph assumes that the property is registered at the Land Registry, as most, but not all are. If it's not, you'll need form FR1
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/882099/FR1-2020-04-28.pdf
together with these instructions
https://www.gov.uk/government/publications/first-application-registration-fr1/how-to-lodge-first-registrations-with-copy-deeds
and this form
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/750562/First_registration_copy_deeds_conveyancer_s_certificate_19Sept.docx
with this checklist
https://www.gov.uk/government/publications/first-application-registration-fr1/checklist-application-for-first-registration )

Further, you'll need form ID1:
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/962610/ID1__2021-01-05_.pdf

The recipient of the gift won't have to pay Stamp Duty if there's no mortgage on the property but if he/she has agreed to take over an existing mortgage, he/she will then need to pay Stamp Duty if the value of the mortgage is over the threshold:
https://www.gov.uk/guidance/sdlt-transferring-ownership-of-land-or-property

If you're sure that you can understand all of that, then do it yourself. If it's as clear as mud though, pay a solicitor (or licensed conveyancer) to do it!

I can't advise on the cost of using the services of such a professional (sorry!) but I strongly recommend
(a) getting several quotes ; and
(b) if you can find an independent licensed conveyancer (as many seem to have been taken over by solicitors' firms these days), definitely check out his/her fees, as they can be substantially less than those charged by solicitors.
Question Author
Thanks for your quick reply. I will look at those forms and then decide if I need a solicitor. Thanks again.
who said solicitor?
use a licensed conveyancer

they are very competitive - they will transfer whiteacre from X to Y sudduv pronto

BUT - - if you say - do I declare this on my tax form,
will this work to avoid IHT
is the world gonna end on Dec 31

they will say - no idea
If you give it to me I will arrange everything!

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