Transfer of Property with a Mortgage

 

Title Number: CB12693

I would appreciate your guidance on the following matter.

The above property is jointly owned by a husband and wife as tenants in common. There is a mortgage on the property, and it is subject to a Form A restriction.

We are currently in the process of applying for Probate, and the wife now wishes to transfer the property into her sole name.

I have a few questions:

1. Which forms are required to transfer the property and to remove the Form A restriction?
2. Is a letter from the lender necessary to confirm that they have no objection to the transfer of the property to the wife
3. Can we submit this application through the Land Registry business account without needing to send any physical forms to Land Registry

Thank you in advance for your assistance.

Umesh - the legal ownership passes to the surviving owner so probate is not required to deal with the property.
The register can be updated using form DJP plus death certificate/probate. And the form A restriction can be cancelled using forms RX3/ST5
See PG 6 for guidance - Practice guide 6: devolution on the death of a registered proprietor - GOV.UK
The lender is not directly involved as there is no 'disposition' and their legal charge remains. I would however expect them to need to be notified of the death