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Posted Fri, 07 Feb 2025 11:32:43 GMT by Philippa Cowles
My parents owned their house as tenants in common.  My father has recently died.  We would like my mother to become the sole legal and beneficiary owner of the property so have asked a solicitor to draw up a Deed of Appointment to facilitate that removing me and my siblings as Trustees.
Would the Deed of Appointment be enough evidence to have the Form A restriction removed when filling in the ST5 and RX3, along with a DJP?
I am trying to work out if I need a solicitor to do the application or if it is a case of supplying the Deed of Appointment with the relevant forms.
Many thanks
Posted Fri, 07 Feb 2025 12:19:06 GMT by Adam Hookway
Phillippa - form RX3 and ST5 stand on their own when making such an application. The ST5 needs to include the facts as appropriate and that can, if needed, refer to the Deed of A you refer to. You can then submit a copy of the Deed of A as well but you can't solely rely on that as evidence of the changes made and you would still have to provide the actual facts 
See section 8 of our PG 6 for guidance on the 'facts' to be included in ST5 - Practice guide 6: devolution on the death of a registered proprietor - GOV.UK

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