Unregistered lease, registered freehold, unmerged, subsequent sale

Hi, long story so will try to summarise. Property originally leasehold in joint (spouse) names, let's call them 1st Generation. One spouse then died. Some years later the Lease was purchased by remaining 1st Gen spouse, property now freehold. After death of remaining 1st Gen spouse, the freehold property was inherited by three family members (2nd Generation). A few years later freehold property was sold to one of 2nd Gen and their spouse, triggering freehold registration. Both now deceased, freehold property inherited by their adult children (3rd Generation), now attempting to sell. It's now discovered that the leasehold was never merged because original lease was in joint names (1st Generation), freehold in one name only (1st Generation remaining spouse). Does an application need to be made to cancel the unregistered lease? Death certificates and probate for 1st Gen and 2nd Gen all provided to solicitors. What other evidence is needed to ensure application is not rejected?

Hi Sarah - if the unregistered lease is noted on the superior title register, and it has been determined/ended, then an application would be required to cancel it - https://www.gov.uk/government/publications/leases-determination/practice-guide-26-leases-determination

Hi Adam, many thanks for replying. I think the issue is that the lease determined by merger, as was intended - it was ultimately held in the same capacity and by the same person (1st Gen surviving spouse), BUT no express application was made at the time (1994). Also, no application for merger or cancellation was made on first registration of the reversionary estate when it was sold in 2001 to one of 2nd Gen. I don't think it appears on the superior title register but I'm not sure, as I'm not involved and haven't seen searches. My mother is the last remaining 2nd Gen beneficiary of the 1st Gen estate and she was the Personal Representative. However she is very elderly, frail and has memory loss, so she isn't well enough to do anything now. My question is really what information would be required as evidence to attach to a cancellation application and can it be done without her?

Hi Sarah - it is so important to understand the actual registered information in order to know what's required or otherwise. If the unregistered lease is not noted on the freehold title then there's nothing to apply for or merge. However if it is noted on the freehold title then PG 26 explains what's required if an application is to be made to cancel that noted lease. The application doesn't have to be made by her but whoever does needs to act for her (a conveyancer) or have her consent. And if she has health and memory issues I would strongly recommend using a conveyancer

Thank you Adam, that is really helpful and I appreciate very much that you have taken the time to respond to me.