Death of a tenant in common

Property title number: GM276633 My mum and dad were tenants in common, type A restriction. My mum has passed away. I have a copy of her Will and Grant of Probate. She left her share to my dad. My dad has dementia and I have Lasting Power of Attorney for property and financial affairs. From what I have read, forms AS1 and AP1 need to completed. As my dad cannot act for himself and as I was named as an alternative executor in mum’s Will, I think I can sign the AS1 and can sign as Attorney for the AP1. As a solicitor isn’t acting for my dad, who needs to complete form ID1? If any of the above is incorrect, would be grateful for guidance as to the correct process. Thanks

David - I am sorry to read of your loss and your Dad's health issues. On your Mother's death the legal ownership past to your Dad. An AS1 would only be used when he died and the legal ownership was to be transferred. If you are selling the property then you can appoint someone else to act with you to overreach the form A restriction. See section 6 of https://www.gov.uk/government/publications/using-transfer-forms-for-less-straightforward-transactions Please do consider seeking legal advice/assistance. Both you and the co-trustee would need to have your identities verified. Not your Dad

Thanks Adam, We are not selling the property, it will remain in his ownership until he dies. Just want the land register to be in order. That being the case, I guess I submit form AP1 and one ID1 for me with necessary verification ie death certificate, certified copy of power of attorney, grant of probate and mum’s Will?

David - noted and appreciated. It reads then as if the only update would be your Mum's sad death. If so then form DJP plus official or certified copy of either her death certificate or probate. The land register is in order as things currently stand as there's no need to update it following her death. That sad fact can be proven at any time in the future through her death certificate/probate. We don't deal with wills and we don't register LPAs for example. I'd still recommend seeking some sort of legal advice as to what happens next in any given scenario so that you and anyone else with a beneficial interest understands how their wills and Dad's LPA both work and impact in any dealings with the property

That’s great Adam. So no need to even complete an RX3 to cancel the restriction (type A) as the DPJ (and necessary paperwork) is enough? Thanks

David - if you want to apply to cancel the form A restriction you can using forms RX3 and ST5. But again there's no need as such. If your Dad is now the sole legal and beneficial owner then you can submit the forms along with the DJP and copy supporting evidence as described. See PG 6 for guidance https://www.gov.uk/government/publications/devolution-on-the-death-of-a-registered-proprietor/practice-guide-6-devolution-on-the-death-of-a-registered-proprietor

Thanks for all your help Adam. I will crack on now with getting everything together.