Transfer of Deceased's 50% share of property to beneficiaries

Property owned by Husband and Wife as tenants in common in equal shares. Form A restriction registered. Husband has died leaving his 50% share of the property to his two daughters. Probate obtained by two daughters (executors). Wife survives but lacks mental capacity. Two daughters are attorneys unde a registered LPA for the wife. How to transfer the deceased's 50% share of the property to the two daughters so the property will be held as Wife 50%, Daughter One 25%, Daughter Two 25%.

Carol - the legal ownership is always transferred as a whole so any transfer would be by the Wife or someone able to act for her in this scenario. Probate is not required as the legal ownership of the property did not form part of the Husband's estate. And his executors have no role to play in the transfer of legal ownership. A certified copy of his probate or death certificate would only be needed to confirm his passing Transferor would be the Wife and Transferees would be the Wife and the two daughters. The daughters' roles would be as Attorneys and as themselves as a result. As it would be by way of a gift, namely no monies changing hands, the form A restriction would not bite and would remain on the register to protect the trust created by the beneficial shares you refer to Please consider seeking legal advice/assistance - transferring the legal ownership is an option but there maybe others to consider before deciding which is 'best' for all parties.