Death of Two Tenants in Common

Hi, 

A husband and wife were noted as registered proprietors as tenants in common with an appropriate Form A restriction noted on title.

The husband passed away in 2012. The wife passed away in 2023.

An application was made to the land registry some time after the death of the wife which resulted in both the husband and wife both remaining as registered proprietors but with (1) the form A restriction being removed from the title and (2) the form A restriction being replaced with two entries in the proprietorship register noting the deaths/dates of death of the husband and wife. 

I believe it is correct that the property be transferred as part of a sale to an unconnected buyer with the transferor in the TR1 being solely the single executor of the wife who holds a grant of probate. No grant of probate is held for the husband.

Can you confirm my understanding is correct

Hi Thomas - corrcet 

Many thanks, Adam.