Registering a charge - complying with restriction type A, deceased TiC

The question is regarding a case of a Local Authority registering a Legal Charge and Restriction on the property, pursuant to the Deferred Payment Scheme under the Care Act 2014, to secure funding of residential care for a surviving Tenant in Common.

The first tenant in common is deceased, and there's no Grant of Probate listed on GOV.UK Probate Search site. The gentleman passed away in 2011 and the property title was not updated since 2010. There's however a copy of the Last Will and Testament, held by family solicitors, I was told.

What would we need to comply with the restriction type A?

NOK holds an LPA for Property & Financial Affairs and will be signing CH1 on behalf of the second tenant in common, so this part is clear. Would a statement from solicitors, detailing how the first tenant's share in the property was dealt with, be sufficient for the new legal owner(s) to sign CH1?

The objective is not to remove, or retain the existing restriction type A, but to secure a charge and restriction by a Local Authority, so that a Deferred Payment Agreement with second tenant can be validated and finalised.

I have read through PG19, but cannot see the relevant answer, and would really appreciate some guidance here.
 

Son, who holds LPA for Property & Financial Affairs for the second Tenant in Common - his mother, has now advised he wants the property to be in his mother's name only, as that was the intention all along - to pass the 50% to surviving spouse.

He was under impression the property is solely owned by his mother after his father (the first TiC) passed away.

It appears the the family may have been incorrectly advised to sever the Joint Tenancy.

Could you please confirm what will be required to remove the type A restriction, change the property ownership to the sole proprietor - the current second Tenant in Common, and to place a Local Authority Legal Charge and Restriction on the property - we would like to do this all at the same time, as any delay will cause hardship to the proprietor and family, as she is liable for the full cost of care without a Deferred Payment Agreement in place. I presume, if submitted at the same time, the removal of type A restriction can be processed first, so CH1 for legal charge can be completed for the sole owner?

Many thanks for your help!

HI David - We would need a form DJP to record the death. In order to remove the restriction an application would be needed using form RX3 with accompanying evidence.

Please see practice guide 6 sections 4, 7, and 8 seem most applicable.