Overreaching Tenants in common Form A

My brother, sister &amp; I are the named beneficiaries &amp; executors in my mothers will &amp; my fathers will. My mother died in 2022 leaving everything to my dad &amp; after his death to us &amp; 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 &amp; 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 &amp; 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?&#160;<br> &#160;

Clare - that's a Q only the solicitor can answer for you re the advice given<br> 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<br> 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<br> When the surviving joint owner dies probate is required as the legal ownership of the property now forms part of their estate<br> 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<br> If your Father was selling the form A restriction 'bites' as the property is being sold as 'capital monies' arises&#160;<br> 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<br> 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)<br> Hope that helps

<p>Hello Adam&#160;</p> <p>Thanks I appreciate your clear advice&#160;regarding our specific situation. You have been&#160;very helpful. It&#160;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&#160;I will ref&#160;your response &amp; use it to support a discussion with my solicitor.&#160;</p>

Clare - do let us know what their response is&#160;<br> 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&#160;

I will feed back on how this progresses. Thanks again.&#160;