Will - Stubborn Stepfather - Tenants in Common

Savvy_Sue

nxdmsandkaskdjaqd wrote: »

Yes house owned as Tenants in Common, wills made up and land registry dealt with a year ago. Land registry details say:
"Restriction: No disposition of 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" Whatever that means!

I think what that means is that "this house can't be sold by nxd or her stepfather [or any other individual acting alone] unless there's a court order to say it can be."

Which is good, because it means your stepfather can't sell it without asking you to sign the transfer documents, so you'd know he was doing it, and the land registry wouldn't allow it to be transferred to anyone else on just one signatory.

How carefully they check that the signatures are from the people they're supposed to be from, I couldn't say.

Land_Registry

nxdmsandkaskdjaqd wrote: »

Yes house owned as Tenants in Common, wills made up and land registry dealt with a year ago. Land registry details say:
"Restriction: No disposition of 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" Whatever that means!

Arriving a little late but hopefully I can add to the mix re the Land Registry's involvement here

Firstly the Land Registry is not concerned with the actual will(s) in such cases as we are dealing primarily with the legal title to the property rather than what has been left to whom and why.

The key aspect for being able to deal with the legal title is the Probate - that provides the legal authority to the Executor(s) to then deal with the property, namely Transfer (sale or gift) or Assent (transfer ownership to the beneficiaries). As others have mentioned the Executors are duty bound to carry out the details of the will but Land Registry would not raise any questions around this or ask for sight of the will(s) as that is not our remit.

The Restriction you refer to is a joint ownership restriction (or form A) and it's relevance is explained in our online guidance

Essentially the Restriction clicks in when the number of registered owners is reduced to one. In such circumstances if they decide to sell, lease or mortgage the property for money (capital monies) then they must appoint someone to act with them jointly to do so - thereby acting as something of a safeguard that the monies are distributed accordingly for example the property may be held in trust or a previous and now deceased owner's share was to go to their children.

The reference to a court order is simply to reflect the fact that in the case of any dispute over the legal title it may end up in court and a judgement passed instructing that the property is transferred for example. It does not mean that the sole surviving owner needs a court order to enable them to deal with the property. Savvy_Sue is spot on that the step father cannot act alone but it does not mean that he has to involve you as far as actually dealing with the sale is concerned - he may have to re any monies acquired though.

The above is a very basic explanation of the registration aspects and includes some possible examples of what can happen based on your own circumstances.

It is important to emphasise again though that we are authorised to deal with the legal title only and the issues around wills, trusts etc are something on which we would always recommend you seek legal advice - as you are doing.

In short your step father may be in a position to deal with the legal title BUT if there is a dispute over how it is dealt with then that would be a legal matter rather than one which would be challenged with the Land Registry.

Possible example based on your postings

• Title is now in sole name of step father but with the form A restriction in place
• He appoints his daughter to act 'jointly' with him and sells the property for a cash sum which they then take receipt of
• The property is registered in the new owner's name

What then happens to the proceeds of sale (capital monies) is a matter of law and not something that Land Registry would question or be involved in. Any challenge to recover those monies would be a matter for the courts.

As mentioned seeking legal advice, collectively or individually, is clearly the right course of action. This is a complex area of the law. You should also seek advice as to how to best protect your own interest on the land register now as well as such matters can take some time to resolve.

I hope the above proves helpful but it is very much procedural advice and an explanation of how such matters are dealt with through Land Registry. We cannot provide legal advice as mentioned and I am sure your solicitor will be able to clarify matters on that front for you all.