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Posted Fri, 05 Dec 2025 15:22:18 GMT by bill white
Hello<br> <br> Looking for help on a difficult matter. A person has been left various things under the will. There is no probate. She was living in the relevant property but has been hoofed out by a very disgruntled family of the deceased. They were not married.<br> <br> Under the will she gets a specific gift of land (a field of about 5 acres) so for that purpose she is a legatee. The description of the gift in the will is not that well defined as in 5 acres in (name of village). The land is registered and we know the title number. First issue is that she has tried a Form C restriction but the Land Registry have somehow treated her as a Residuary beneficiary (who we know cannot protect their interests under a will) when in fact she is a legatee i.e. someone with a specific gift. We have little idea as to whether she can even protect her interest in that land. I have seen reference to a B3 but cannot see what that is<br> <br> She is also a tenant for life (under the will) in the property she was living in. Again the plan was to enter a Form C restriction but we are not even sure a tenant for life under the will can be protected. We suspect the family just want to forget the will<br> Thanks<br> Bill White
Posted Mon, 08 Dec 2025 07:13:11 GMT by Adam Hookway
Hello Bill - I am sorry to read of the issues faced. The forum is used by HMLR to answer frequently asked Qs so you are posting with HMLR still involved in any reply.&#160;<br> The only B3 I am aware of would be a Land Charge but that's a means of protecting an interest created by a charge on unregistered land and that's not the case in your scenario it seems<br> The restrictions you are referring to are covered by our PG 24 -&#160;<a href="https://www.gov.uk/government/publications/private-trusts-of-land">Private trusts of land (PG24) - GOV.UK</a><br> And I would strongly recommend that you/she seeks legal advice to first establish what her legal position is, how her interest might be realised and if so how that might be protected on the land register<br> We can't advise you on the legal aspect but if PG 24 does not cover the registration guidance then needed our PG 19 may be of wider assistance -&#160;<a href="https://www.gov.uk/government/publications/notices-restrictions-and-the-protection-of-third-party-interests-in-the-register">Notices, restrictions and protection of third-party interests (PG19) - GOV.UK</a>

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