Overreaching Tenants in common Form A

My brother, sister & I are the named beneficiaries & executors in my mothers will & my fathers will. My mother died in 2022 leaving everything to my dad & after his death to us & my dad died in 2024 leaving everything to us in his Will. My parents were Tenants in Common. All three of us did probate together for my dad & we are all selling the house together. Our solicitor has told us we must have them act as a second trustee to overreach the Form A. From what I have read on the forum in our situation the form A doesn’t bite & falls away when our buyer takes over the land registry. So why is our solicitor telling us we need them to act as a second trustee when it seems we don’t? 
 

Clare - that's a Q only the solicitor can answer for you re the advice given
There's a few things to cover from a registration perspective and apologies if you've already gleaned these from elsewhere on the forum and I'm repeating myself
When a joint owner dies the legal ownership passes to the surviving owner to deal with. Probate is not needed for the property but may be needed for other matters
When the surviving joint owner dies probate is required as the legal ownership of the property now forms part of their estate
The tenants in common aspect relates to their beneficial ownerships which can be split hence the wills/trust created by your parents. Many TICs then apply for what's known as a form A/joint ownership restriction to be added to the register. They don't have to as the wills/trust exists irrespective of what's on the register
If your Father was selling the form A restriction 'bites' as the property is being sold as 'capital monies' arises 
However as he has died probate is required for him and if there are two or more named executors/personal representatives then the restriction does not catch the transfer/sale/purchase as the two or more executors/personal reps can take receipt of the capital (purchase) monies and distribute them in accordance with the wills/trust as mentioned. The form A restriction will be cancelled automatically when the transfer which overreaches any interests under a trust is registered by the purchaser
If there was a single executor/personal representative then the restriction would still apply and he/she would have to appoint someone to act with them to transfer or apply to cancel (form RX3) the form A restriction with supporting evidence (usually a form ST5)
Hope that helps

Hello Adam 

Thanks I appreciate your clear advice regarding our specific situation. You have been very helpful. It confirms what I had gleaned from similar situations to ours raised on the forum. The solicitor has offered no clear reason for their assertion so I will ref your response & use it to support a discussion with my solicitor. 

Clare - do let us know what their response is 
From a purely registration perspective a Transfer for capital monies by two or more executors is not caught by a form A restriction. And it is automatically cancelled when the purchaser is registered 

I will feed back on how this progresses. Thanks again.