Removal of charge on a property

My husband died in June 2025 and he has a 10% charge on his brothers property since March 2000 I would like to remove the charge as goodwill . What forms do I need ? Do I have to notify first my husbands death and show death certificate? I am his wife and sole beneficiary. I could see the forms to remove the charge if debt has been paid but not sure what forms do use for this request.

June - are you able to tell me how has the charge been protected on the title, i.e. the nature of entry that refers to the charge. If you are not sure, then can you give us the title number so that we can check and then identify the correct form.

Hi the title number is SY602054 dated 19 th April 2000

Hi June - you will need forms DS1 plus either form DS2 or AP1. The first form discharges the legal charge. The DS2 and AP1 are appropriate application forms and either can be used. https://www.gov.uk/government/collections/land-registration-searches-fees-and-forms#forms Submit the application along with a certified copy of the probate and your identity verification in form ID1 or ID3 - see PG 67 for guidance re identity verification https://www.gov.uk/government/publications/evidence-of-identity-conveyancers

Thank you I didn’t have to do probate would copy of will be ok and death certificate?

June - I'm afraid not. The legal charge forms part of his estate and as such probate will be required to enable his personal rep/executor to then discharge the charge.

Ok thanks in the meantime do I need to change my husbands name on the land registry into my name and what forms /proof do I need to submit.

June - the register doesn't need to be updated to put the charge in your name. The charge is still secured against the property/title following the death irrespective of whose name appears on the register. If the charge was not going to be discharged, and you wanted to update the register re the charge proprietor, you would still require probate to achieve that