RX3 or RX4

Hi there,

My father recently passed away and I'm in the process of administering his estate, along with two other executors/trustees (my mum and a neighbour).

The estate is held upon trust for my mum absolutely. 

We believe dad and mum owned their house as tenants in common rather than as joint owners due to the restriction that says "No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court" - have we understood correctly that this is what this clause means? 

We have been advised that due to mum being the sole beneficiary in the Will and the only other interested party in the property (there is no mortgage), we may be able to remove this restriction and then remove dad's name from the title. If this is the case, should it be an RX3 or RX4 form we use, with support from an ST5 form and then the DJP form to remove dad's name?

Many thanks,
Ilona
 

Hi Ilona - I am sorry to read of your loss.
If the title is registered in their joint names and with the form A restriction you refer to then forms DJP + certified copy of the death certificate plus RX3 + ST5 would be the appropriate application to make to update the register and cancel the restriction

Hi Adam, 

Thank you for your quick reply. That's really helpful. We shall do that and hopefully that will be some of the masses of paperwork that needs doing done. 

Appreciate your help.

Ilona