Form a restriction

Hi,
My wifes parents have both passed away this year,
They both had wills, There house was paid of but on the deeds it says RESTRICTION: No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court. What is the best way of either removing this or overriding it so we can well the house?

Hi. I am sorry to hear of you and your wife's loss. 

This is quite a complex area and there is more than one approach and which one is taken would be the decision of the applicant's / their legal advisors. 

One possibility, is a Transfer by the personal representatives of a sole surviving owner. Here the legal estate vests in the personal representatives on the death of the sole surviving owner. Provided there are at least 2 personal representatives, a disposition such as a Transfer on sale will not be caught by the restriction. Section 7 of our Practice Guide 6 - Practice guide 6: devolution on the death of a registered proprietor - GOV.UK gives more details. Section 8 refers to the cancellation of a form A restriction in form RX3. I should mention that the guide is written for legal professionals who usually submit these types of application and therefore may contain unfamiliar terms.

Ultimately, we can't advise you on what you 'need' to do in such circumstances as we register the outcome of those decisions and are not privy to the trust/wills and more. We always recommend that those involved consider seeking legal/financial advice re such matters to not only discuss what had been arranged previously and is already in place re the trust/wills but also to consider what may happen next and what's then required/what options exist. You can then apply, if necessary, to update the register as appropriate 

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. Find out about making an application without legal representation.

I hope this is helpful.


 

Thank you Ian