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Ownership
Removal Of A Restriction on property title deed, so as to allow sale of a property
Removal Of A Restriction on property title deed, so as to allow sale of a property
Posted
Fri, 08 Aug 2025 14:00:59 GMT
by
Laraine Upton
Hi <br> My parents many years ago purchased their home outright and their 50/50 interest in the property was protected by the  wording of their Wills placing their interests in the property in Trust and to be distributed as per their Will's after they both passed.<br> <br> In my father's case I was later made a joint tenant concerning his interest in the property and in his case there was no Trust in place.<br> <br> In my mothers case her Will states the named beneficiaries who on the passing of her husband/ my father are to benefit from her interest in this property.<br> <br> So now that probate has been granted the time has come to sell this this property.<br> <br> With myself being a beneficiary and executor of my late father's estate along with my daughter, as I am the  sole executor of my late mother's estate I have been advised that "The Trust" which only relates to my late mother's 50% interest in the property should have a Trustee and as all the beneficiaries are in agreement that Trustee can be my daughter even though she is also a named beneficiary. <br> <br> What forms need to be completed to lift this restriction. <br> <br> Thank you in advance.
Posted
Tue, 12 Aug 2025 06:22:52 GMT
by
Adam Hookway
Hi Laraine - if the application is to remove a form A/joint ownership restriction then forms RX3 and ST5 are required - our online guidance explains what needs to be included <a href="https://www.gov.uk/joint-property-ownership/change-from-tenants-in-common-to-joint-tenants">Joint property ownership: Change from tenants in common to joint tenants - GOV.UK</a> <br> Please do consider PG 21 section 6 as well is the property is being sold and a form A/trust is in place - <a href="https://www.gov.uk/government/publications/using-transfer-forms-for-less-straightforward-transactions">Using our forms for complex and more unusual transactions (PG21) - GOV.UK</a> <br> Land registration is complex, designed to protect legal and financial interests in property. There can be significant consequences for any error. Please consider seeking legal representation. Before making an application without legal representation, it is important to <a href="https://www.gov.uk/guidance/making-an-application-without-legal-representation">consider the benefits of using a conveyancer.</a><br>  
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