Solicitors for Transferring a Property into a Trust
Expert Legal Advice for Transfer of Equity & Trust
Transfer of Equity & Trust Legal Services
This is a discount-priced bundle product including:
(1) Transfer of Equity for no consideration product (normal price £600); and
(2) Declaration of Trust product (normal price £420)
The combined product is a discounted (by almost 15%) method to declare a trust, and then put your property into that trust – which is the most common application we find for trusts – particularly, in estate planning contexts, e.g. where parents might wish to place their homes “in trust” for their children in certain circumstances.
Please note that (as with the Transfer of Equity product) many ‘charges’ on the property, such as mortgages, will prevent the title to a property being transferred – although some charges will not prevent a transfer, but will remain applicable to the property after the property has been transferred. Even if there is nothing on the title to prevent the transfer, the terms of many mortgages will contractually forbid the transfer of property – i.e. it may breach your mortgage conditions to transfer mortgaged property (e.g. into a trust).
English & Welsh law does not allow property to be owned, legally, by individuals who are aged 17 or younger.
Whether an SDLT return is required may depend on the circumstances – if one is needed, then the cost of making it is included in the bundle’s discounted price.
How long will it take?
We don’t generally do anything for new clients until our process of client retention has concluded – this involves agreeing the scope of what we are doing for the price (our terms are below), setting-up our client record (that includes ID checks), and producing the bill (payment in advance is required for all new clients).
After that, the production of the documents is a job that we can undertake in a few hours once we can schedule it in our workflow, that can depend on how busy we are at any particular time. We would not usually take-on a job for which we could not engage within about a working week.
A completed transfer will then need to be submitted to HM Land Registry for registration. The time HM Land Registry take to process such a registration varies greatly, depending on how busy they are. Some applications are processed very quickly, up to “next day”; however, most applications appear to languish awaiting HM Land Registry attention; in 2021 many applications were taking about 6 months to be registered – and some types of application can take even longer than that, unfortunately. However, once submitted HM Land Registry process applications on any title in order of submission – so their delay ought not to affect the priority of your application relative to other matters on that title.
Money Matters
This service is a reduced-price combination of our transfer and trust products, that often arise together. See the underlying product descriptions for more details.
You will also need to pay any HM Land Registry fees.
Transfer of Equity into a Trust (£800 + £20 HMLR Fee)
This service offers a cost-effective bundle of our transfer and trust products, which are frequently required together. By combining these services, we provide a more streamlined approach compared to purchasing them individually; further details can be found in the respective product descriptions. In addition to our professional fees and applicable VAT, clients are responsible for mandatory HM Land Registry disbursements.
Your supplier is SRA-regulated Mounteney Solicitors, that charges VAT some customers may be able to reclaim.
There is more info about our fees here
If you have any questions, require any further information, or would like to engage us on the T&Cs linked Our Terms in the footer below, please don’t hesitate to Contact Us.
Contact our Transfer of Equity into a Trust Solicitors
Transferring part or all of your property into a trust is a significant step that can help protect your family’s future, support sensible inheritance planning and provide long-term security for your loved ones. At Mounteney, our experienced team of Trust solicitors will guide you through this process with clear, practical advice so you fully understand the legal and financial effects of your decision.
Many of our clients choose to transfer equity into a trust to protect their home from potential care fees in later life, to provide for children or vulnerable relatives in a controlled way, or to minimise the risk of family disputes over property ownership in the future. As a leading firm of solicitors in Stockport, we take time to understand your circumstances and tailor the arrangement to your individual needs, ensuring the trust works exactly as you intend.
Our Estate planning solicitors will explain the steps involved clearly, handle all the necessary legal paperwork, deal with the Land Registry, and liaise with any mortgage lender where required. You will always know what is happening at each stage and can rely on us to ensure everything is done properly and efficiently.
For nearly two decades, families across Cheshire and the surrounding areas have trusted Mounteney’s Personal Solicitors for clear, reliable advice. We work from our offices in Hazel Grove, Heald Green, Bramhall and Cheadle, and we also offer remote appointments for your convenience if you prefer to handle matters from home.
If you are considering transferring equity in your property into a trust, talk to our approachable team today. Call us, email us or visit your nearest Mounteney Solicitors office, we look forward to supporting you.
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