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Posted Fri, 05 Dec 2025 15:22:18 GMT by bill white
Hello

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.

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

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
Thanks
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. 
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
The restrictions you are referring to are covered by our PG 24 - Private trusts of land (PG24) - GOV.UK
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
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 - Notices, restrictions and protection of third-party interests (PG19) - GOV.UK

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