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Tenants in Common - How do I overreach a Form A restriction
Tenants in Common - How do I overreach a Form A restriction
Posted
Fri, 13 Feb 2026 16:07:12 GMT
by
Michael Samson
Good afternoon, I would be grateful for clarification on a point concerning overreaching and compliance with a Form A restriction in the following scenario. Two individuals (A and B) were registered proprietors of a property. They held the beneficial interest as tenants in common and a standard Form A restriction is entered on the register. B died first. No grant of probate was obtained in respect of B. Following B’s death, A became the sole surviving registered proprietor of the legal estate A subsequently died. A has two executors and a grant of probate has been obtained in A’s estate. However, none has been obtained. The property is now being sold by A’s two executors. Could you please clarify how exactly a Form A restriction can be overreached in these circumstances?
Posted
Fri, 13 Feb 2026 16:14:57 GMT
by
Adam Hookway
Good Afternoon, Michael - when a joint legal owner dies the legal ownership passes to the surviving joint owner to deal with going forward. The legal ownership does not form part of the first deceased's estate hence probate was not required for B in your scenario. The fact that they were TIC or Joint tenants does not affect that position as that relates to their beneficial ownerships and the form A restriction is often applied for to protect those interests
When A died the legal ownership forms part of A's estate, hence probate is required for A.
If there is only one named executor/personal representative then the form A restriction 'bites' and needs to be complied with. That's normally dealt with by A's executor appointing someone else to act with them to take receipt of the capital (sale) monies and then deal with the beneficial ownership split as appropriate
However if there are two named executors/personal representatives the form A restriction is overreached and does not 'bite' when the sale/purchase completes. The expectation is that as you have two people responsible for the sale monies they can deal with the beneficial ownership split as mentioned
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