removing a restriction regarding a trust which has been dissolved

<font color="#0b0c0c" face="Arial, sans-serif"><span style="font-size:16px;">Hi I wonder if you are able to help .<br> My mother in law has recently had her Land registry title plan updated following the death of my father in law to show her as the sole owner of her property. she received a letter confirming this with a copy of the entry but it also stated the following which it says it has not removed as part of the application.</span></font><br> <br> <font color="#0b0c0c"><font face="Arial, sans-serif"><span style="font-size:16px;">This is the wording on the letter sent&nbsp; -&nbsp;</span></font></font><font color="#0b0c0c"><font face="Arial, sans-serif"><span style="font-size:16px;">the title number is SGL417286</span></font></font><br> <font color="#0b0c0c"><font face="Arial, sans-serif"><span style="font-size:16px;">" No disposition by a sole proprietor of the registered estate ( except a trust corporation ) under which captal money arises is to be registered except under an order from the court "</span></font></font><br> <br> <font color="#0b0c0c" face="Arial, sans-serif"><span style="font-size:16px;">It said in the letter that the restriction was entered to indicate that the land was held in trust and that even though the property now only has one owner they cannot remove until they are satisfied that it is no longer required .<br> <br> my in laws took out a trust many years ago with a company called McClures solicitors who have since ceased to exist ,my mother and father in law were mis - sold this trust by this company and I understand that at the time they had not registered it properly and there were several things not right with it&nbsp; .<br> <br> A company called Jones Wyatt had taken over their portfolio after we found out by pure chance that they had gone into administration and we contacted them on my in laws behalf ( my husband has POA for both his parents ) as my in laws had decided they no longer wanted this trust.<br> <br> Jones Wyatt dealt with this ( at great cost to my in laws of several thousand pounds ) back in March 2023 when they looked into the trust details and then wound up and dissolved the trust ( we have relevant invoices from Jones Wyatt to show this had taken place ) , my in laws then proceeded to have new wills drawn up for themselves .<br> <br> This is the wording on the letter sent&nbsp; -&nbsp;</span></font><font color="#0b0c0c"><font face="Arial, sans-serif"><span style="font-size:16px;">the title number is SGL417286</span></font></font><br> <font color="#0b0c0c" face="Arial, sans-serif"><span style="font-size:16px;">" No disposition by a sole proprietor of the registered estate ( except a trust corporation ) under which capital money arises is to be registered except under an order from the court "<br> <br> My mother in law was very concerned when reading the letter in regard to this and why it has not been removed , should Jones Wyatt have written to HMLR to advise this trust is no longer in place ?<br> <br> Can you please advise us as to how we can now get this removed from the register for my mother in law&nbsp; ,&nbsp; she is concerned that she would have issues if trying to sell her property now or if in the future when she passes away that my husband and brother in law as executors of her estate would also have issues with this .<br> <br> If you can let us know the next steps ( forms to complete , documents required etc ) we would need to take to help my mother in law to resolve this issue it would be appreciated as she is getting very stressed in regard to this.</span></font>

Hi June - the restriction is known as a form A/joint ownership restriction and it is often applied for where there is a trust involved.<br> The subject is covered in a number of threads on the forum with a few 'stuck' to the top of the 'Ownership' section -&#160;<a href="https://customerhelp.landregistry.gov.uk/forums/ownership">Ownership&#160;· HM Land Registry</a>&#160;<br> If your MIL is now the sole legal and beneficial owner then an application in form RX3 with ST5 is required to cancel it - see section 8 PG 6 for guidance on the requirements and what form ST5 should include by way of facts&#160;<a href="https://www.gov.uk/government/publications/devolution-on-the-death-of-a-registered-proprietor">Devolution on the death of a registered proprietor (PG6) - GOV.UK</a>&#160; -&#160;The letter from us to her dated 3rd June explains what's required for example<br> In answer to your specific Qs/concerns&#160;<br> No re JW writing to us to advise the trust is no longer on place. They might have advised that an application in form RX3/ST5 could/should be submitted but writing to us would not achieved not be an issue - for example she could appoint someone to act with her as a co-trustee on the sale and together they then transfer the legal ownership to the buyer and therefore comply with the restriction<br> And if she did pass away and there were two executors the restriction would not for example prevent them from selling and/or if they transferred the property to a beneficiary then they could apply to cancel the restriction instead<br> From a registration perspective I don't think she need have any concerns and would encourage you to try and allay those fears as appropriate<br> If you/she remains uncertain of what to do and how then I would recommend seeking legal advice/assistance as appropriate&#160;<br> SGL417286

Hi&#160;<br> Thank you very much for your swift response it is extremely helpful and comprehensive .<br> <br> Having looked at the form RX3 can you just advise me as to what documents I would need to lodge with the form ( this is section 7 on the RX3) , also in section 6 on that form would my MIL need to add her own name and address into this section ?<br> Can I also ask if the details asked for on form ST5 in section 3 explaining what has happened to the beneficial interest protected by the restriction does this mean we would need to write in there that the trusts have now been dissolved , so saying the same as we would in form RX3 or is this something else , this would also need to be answered for section 4 on ST5 .<br> If you can advise if what I assume needs to be filled in is correct it would be appreciated&#160;

Hi June - form ST5 is the document you need to then complete/provide.&#160;<br> Panel 6 should be completed by whoever is submitting the application. I would recommend that is your MIL if possible<br> Please refer to PG 6 as linked for guidance on the type of details we need confirmed as part of the form ST 5<br> We can only guide you with regards the type of information/facts you need to provide to confirm that the interest(s) protected by the form A restriction/trust are no longer in play. We can't tell you what to include/write and I would strongly recommend seeking legal/wider advice as appropriate<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&#160;<a href="https://www.gov.uk/guidance/making-an-application-without-legal-representation">consider the benefits of using a conveyancer.</a>