Form A restriction and personal representatives

I am looking at the guidance in section 7 of Practice Guide 6. The sentence beginning "This is in contrast to...." suggests that the two personal representatives of a deceased sole registered proprietor (the widow of the other former proprietor who died several years ago after severing the joint tenancy) can transfer the property to purchasers without being caught by the form A restriction. Is my understanding correct? If so, would the land registry remove the restriction automatically when registering the transfer, on the basis that it has become superfluous?

Jonathan - that is correct and yes we would on a sale/purchase. Joint personal reps/executors acting together will overreach the form A restriction. A single personal rep/executor would not and they would be caught by it and unable to act alone

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Thanks Adam, and for the quick reply.

Further to the above question and answer, our solicitors (who are dealing with the sale of title DU364882 by my wife and I as personal representatives of the deceased proprietor Joan Alder) are anxious that the Form A restriction will not be removed automatically once the transfer on sale (executed by an additional trustee as well as both of us as personal representatives, which they think is necessary) is registered. They are asking us to sign an ST5 form stating that the proprietor has become legally and beneficially entitled to the whole of the estate and her share has not become encumbered etc.<br> As the legal estate was previously severed by the proprietor's late husband when he made his Will leaving his beneficial share to his daughters rather than to his widow, we feel unable to sign such an ST5.<br> Can you please therefore confirm that an ST5 and RX3 will not be required in these circumstances as the Form A will be removed automatically on registration of the sale transfer executed by us and the additional trustee.<br> Thank you,<br> Jonathan Law

Jonathan - Joint personal reps/executors acting together in a transfer on sale will overreach the form A restriction. That does not change even if they appoint an additional trustee. And the restriction will be automatically cancelled when the register is updated to register the new owner/buyer as appropriate<br> A form RX3 and ST5 will not be required - they would only be required if a single personal rep/executor was transferring the property OR if the conveyancer wanted to cancel the form A restriction before completing the sale/purchase

Thank you Adam, very helpful.<br> Jonathan Law