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Posted Wed, 04 Sep 2024 13:10:13 GMT by Stephen jones
My sister in law and her husband own there home as tenants in common. He has now passed away and she would like to sell the house. His will states that he leaves everything to her. What do we need to do for the Form A restriction at the land registry to be removed so she can sell the house? Does she need to appoint a second trustee as there there are no other beneficiaries
Posted Wed, 04 Sep 2024 13:24:56 GMT by Adam Hookway
Stephen - it's very much up to you/her conveyancer as to what you do to enable the sale to happen.
Appointing a second trustee is one option - see PG 21 section 6 Using our forms for complex and more unusual transactions (PG21) - GOV.UK (www.gov.uk)
Or if she's now both the legal and beneficial owner she can apply to cancel the form A restriction using forms RX3/ST5 - see PG 6 section 8 - Devolution on the death of a registered proprietor (PG6) - GOV.UK (www.gov.uk)
 
Posted Wed, 04 Sep 2024 14:08:29 GMT by Stephen jones
Thanks, if we take the second option do we need to send the death certificate and a copy of the will to the Land registry or just the the death certificate?
Posted Thu, 05 Sep 2024 05:47:26 GMT by Adam Hookway
Stephen - we need the evidence of death but we don't need the will. 
Posted Thu, 05 Sep 2024 06:15:56 GMT by Stephen jones

Thanks also does form DJP need to be filled in too ?

Posted Thu, 05 Sep 2024 10:03:44 GMT by Adam Hookway
Stephen - that is the second option so yes re form DJP + death certificate. And forms RX3 + ST5. 
If you are selling though I would suggest option 1 is the 'better' option re 'speed' for example but your conveyancer may view it differently

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