Tenants in common after death

Hi Adam<br> <br> By way of an update, the property has now proceeded to sale. Our solicitor has reminded the surviving joint owner of the Restriction on the property and also notified the estate agents. The owner is now threatening to remove the restriction so they can keep all the proceeds. I trust this won't be possible given the will, grant of probate etc. These have been supplied to Land Registry before but should we resupply all of this to ensure the restriction can't be removed?<br> <br> Thanks

Hi Jenny - we don't register or deal with the will/probate in the way you might envisage. If the registered owner applies to cancel the form A restriction then they would need to provide supporting evidence to do so as follows <p>An application to cancel a Form A/joint ownership restriction must be made in&#160;<a href="https://www.gov.uk/government/publications/cancel-a-restriction-registration-rx3">Form RX3</a>&#160;together with evidence to show that the restriction is no longer required. If you are the registered owner, you can use&#160;<a href="https://www.gov.uk/government/publications/cancellation-of-restriction-statement-of-truth-st5">form ST5</a>&#160;to supply the necessary evidence in support of your application.</p> <p>There is no fee payable.</p> <p>For further guidance please refer to&#160;<a href="https://www.gov.uk/government/publications/notices-restrictions-and-the-protection-of-third-party-interests-in-the-register/practice-guide-19-notices-restrictions-and-the-protection-of-third-party-interests-in-the-register#restrictions">Practice Guide 19: notice, restrictions and the protection of third party interests in the register</a>. There is also a &quot;YouTube&quot; video&#160;<a href="https://www.youtube.com/watch?v=lGix3GW_7jk">How to complete RX3</a>&#160;which may assist you.</p> <p>Please send the completed application to:</p> <p><u><a href="https://www.gov.uk/guidance/hm-land-registry-address-for-applications#standard-addresses">HM Land Registry address for applications.</a></u></p> <p>Land registration is complex, designed to protect legal and financial interests in property. There can be significant consequences for any error. Please consider seeking legal representation. Before making an application without legal representation, It is important to&#160;<a href="https://www.gov.uk/guidance/making-an-application-without-legal-representation">consider the benefits of using a conveyancer.</a></p> The issue you actually have a is a legal one re the proceeds of sale/the purchase monies and what legal claim you have on same. We don't police such matters.<br> Do seek legal advice to clarify what your legal rights are and how to secure your beneficial share as appropriate.<br> If you need to be notified of any significant applications to update the title then you can use our free Property Alert service -&#160;<a href="https://www.gov.uk/guidance/property-alert">Property Alert - GOV.UK</a>