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Posted Fri, 18 Aug 2023 09:50:18 GMT by Amit Sharma
Can this be electronically signed and acceptable?
Posted Fri, 18 Aug 2023 10:04:12 GMT by Adam Hookway
Amit - see our Practice Guide for guidance. There's an appendix at the end that helps explain what is and isn't acceptable depending on the form/circumstances
Posted Fri, 18 Aug 2023 10:22:46 GMT by Amit Sharma
Its not entirely clear,  generally it is yes but when it comes to statement of truth it does not mean a party (not their lawyer) signing the ST5. That is my query. I just want to avoid a requisition on this.
Posted Fri, 18 Aug 2023 10:30:42 GMT by Adam Hookway
Amit - understood but doesn't the table in section 10.1 confirm it's ok for the applicant to electronically sign form ST5 as stated?
 
Posted Tue, 22 Aug 2023 08:20:10 GMT by Amit Sharma
Following on from this, could a third party lets say an executor for probate who has knowledge of matters make a statement of truth on behalf of a beneficiary instead of the beneficiary themselves. This is for a withdrawal of trust restriction? Would land registry need to see authority or would probate be enough authority?
Posted Tue, 22 Aug 2023 09:34:18 GMT by Adam Hookway
Amit - with ST5s they are what they say on the tin (form) so to speak, a statement of truth by X. If your application requires a statement of truth and you only have the executor available then it would be considered on merit.
It's not unusual for an executor to seek to cancel a form A restriction following the death of an owner.  It could also be the beneficiary of course but either would be stating the facts as known to them

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