Form A Restriction and New Dec of Trust

Good morning

We are currently dealing with an application for a Transfer of Equity, where one proprietor is being removed from the title. There is a Form A restriction on the title, however, the outgoing party intends to continue to have a beneficial interest in the property, as per a new Declaration of Trust that has been drawn up.

Given this, what is the appropriate way to deal with the Form A restriction currently on title? Would we have to do an RX3 to remove and RX1 to put a fresh restriction on, submit the new Declaration of Trust with our application as evidence that the Form A is to stay on or would we have to still provide the court order as per the wording of the restriction?

Thank you

G M Mark - the simple answer is nothing as the existing form A will continue to protect any trust/beneficial interest even if the 'detail' has changed.
We deal with the legal ownership which is always dealt with as a whole. Whilst we can register a form A restriction when applied for that's all we do and the specific details re the trust/beneficial interest are not something we register or record. 
You would only apply to cancel it using a form RX3 as and when the trust/beneficial interest no longer exists. Or we would cancel it automatically as and when the property was for example sold.

Good afternoon

Thank you for your answer on this. My Head of Legal Practice just wanted to clarify, this is a 2 to 1 Transfer and we are concerned that by doing nothing, the Form A would prevent registration of said Transfer. Given this, are you able to confirm whether or not this would not prevent registration?

Thank you

G A Mark - a form A restriction only restricts a sole surviving owner as per it's wording. So if you have a Transfer by the two of them then the restriction does not bite so won;t prevent registration. And if it's a Transfer from 2 to just 1 the restriction will remain in place unless there's an application to cancel it