Form A restriction & appointing 2nd trustee after death of TiC

Hello, hoping for a little help here. My (recently deceased) mother owned property as a tenant in common - a Form A restriction is noted on the title register. Her estate (which includes her property share as TiC) passed to my sister and I - her only beneficiaries and also co-executors of her will. All parties would like to sell the property (surviving TiC, sister, me). I was under the impression that a second trustee would need to be appointed for this sale to complete - however surviving TiC states that this is not necessary. Is this correct? All guidance I can find online states that a second trustee is required to 'give a valid receipt' upon sale (and also to protect all of us involved). Thank you.

Hello Laura - Please refer to our <a href="https://www.gov.uk/government/publications/devolution-on-the-death-of-a-registered-proprietor">Practice Guide 6</a>, particularly section 7.&#160; We would require a second trustee, which can be the personal representatives of your mother's estate, to overcome the Form A restriction on the title.&#160;

Thanks for your reply. So, to confirm, we DO need to appoint a 2nd trustee because 'only the beneficial interest passes on the death of a joint proprietor to their personal representatives so this will be the case even if the personal representatives act with the surviving proprietor'.<br> <br> My sister and I both believe that we need to appoint a 2nd trustee. The surviving TiC believes that we do not (as my sister and I are executors). Thank you - glad I found this forum.

Laura - yes, you are correct in your interpretation.&#160;

Great - thanks so much for your help.