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Posted Tue, 02 Jan 2024 13:12:32 GMT by Russell Mortishire-Smith
My father died recently, leaving everything in his estate to my mother. When we notified the land registry about this, they advised us that the register has the ‘no disposition by a sole proprietor’ restriction entered to denote that the land was held on trust. There is no mention in my fathers will of a beneficial trust relating to tenancy in common. On this basis, can I simply complete forms RX3 and ST5, and if so, what wording is needed in panel 9 to satisfy the Land Registry that the house can be transferred to my mother’s ownership. We have a financial LPA in place, if that is relevant, since she has dementia.
Posted Tue, 02 Jan 2024 14:08:48 GMT by Nimish Patel
Russell - The forms that you have mentioned are the correct ones to complete for removal of the restriction on the title.  There is no standard wording that I can suggest.  It is for you for the applicant or their legal representative to tell us how the interest protected by the restriction has come to an end.   More information on this can be found in our Practice Guide 6

With regards to the basis on which the restriction was entered on the title, it would have been done as a result of an application submitted to us.  You can query how that happened and obtain a copy of the relevant document.  If you wish to do so then I would suggest you contact our Customer Support using the Contact form on our website in the first place - https://www.gov.uk/guidance/contact-hm-land-registry

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