Rx3 form - urgent help needed

Flower4156

My dad died in November 2014 and mum in January 2015. They owned their house as tenants in common. Now we would like to remove restriction from the deeds using rx3 form. I am really struggling with this form for a few days now. There is no examples how to fill it in online.
I am not sure what we need to write in box 8.6 there and also what sort of Declaration of trust we should produce as evidence attached to the form. Could anyone help us? The only beneficiaries are now me and my sister in 50/50 share.
All of this very stressful: dealing with funerals one after another and now all this documentation.

This is my first post here - so please be gentle with me.
Perhaps someone did it in the past without involving solicitor.

Please help if you can.

G_M

Who are you? Executers of the Estate? Administrators? Beneficiaries of the Will? All/None of the above? Power of Attorney?

More information needed. Please give full details of the Restriction.

8.6 looks pretty self-explanatory. Surely 7 is the dodgy one!

Flower4156

We both are executors of the will.
We also have Lasting Power of attorney for both mum and dad.
We are in the process of applying for the probate on mum's name now. My sister gave me the power to deal with all formalities.

The restriction on the title is:no disposition by sole proprietor of the register estate(except a trust corporation)under which capital money arises is to be registered unless authorised by the order of the court.

We are also filling is DJP a form (deceased joint proprietor).

G_M

Have you read section 3.6. & 3.7.....?

https://www.gov.uk/government/publications/notices-restrictions-and-the-protection-of-third-party-interests-in-the-register/practice-guide-19-notices-restrictions-and-the-protection-of-third-party-interests-in-the-register--2

Do you know why the court order the restriction to be entered? Who applied to the court for the Restriction?

Flower4156

We tried to protect the estate in the past in order to preserve at least half of the house. This is why we asked the solicitor to put a restriction so if one of the parents dies and one goes to care - then at least half of the property goes to trust for me and sister that is protected.
Now as they both passed away -no need for it any more. Our solicitor advised us to fill these forms and then sell the house as executors of the will on mum' s name.

G_M

Well if you were responsible for placing the Restrictions there in the first place, all you need to do is inform the LR (in your capacity as originators of the restriction) that the Restriction is no longer needed! In your capacity as Executers you apply for the removal.

3.7.1

LR can advise on wording if you ring them (though won't give legal advice).

Flower4156

Both mum and dad agreed to tenants in common arrangement. Therefore, are we able to lift off this restriction now as they are both dead?

xylophone

The LPAs are no longer relevant.

These have been superseded by the grant (s) of probate for the estate of each parent.

The restriction is just the basic one for tenants in common?

By owning the house as tenants-in common, each parent owned a defined share of the house so that if one of them went into care, only that person's share could be taken into account in any means test
http://www.thisismoney.co.uk/money/news/article-1594984/Tenants-common.html

http://www.tenants-in-common.co.uk/Content/tenants_in_common.asp

It also meant that each parent could leave his/her share in his/her will.


Presumably Father's will left his share to you and your sister in equal shares and your mother's will likewise.

If you wish to sell you can sell as executors without transferring the house into your names as beneficiaries?

Otherwise you transfer the house into your names as tenants-in common?

If you have a solicitor, he can deal with the formalities for you?

Or you contact the Land Registry, explain that both tenants in common have died and ask for guidance in completing whichever form is appropriate?
http://landregistry.custhelp.com/app/contactus_general/

Land_Registry

As xylophone posts understanding what is happening with the property now is important as there may be no need to apply to remove the restriction, known as a form A restriction.

I can provide you with some understanding as to what might need to be covered in order to get the restriction removed but it is usually there to protect the share of a deceased joint owner when the other owner is still alive. From your original post both owners have sadly passed away so the circumstances and purpose of the restriction are altered in most cases.

As you refer to using form DJP as well and both Mum and Dad have now died I am guessing that the ownership was actually in more than just their names, perhaps you and/or your sister are also registered as joint owners - is that the case?

If you can clarify that for us I am sure we can help you

If you prefer not to clarify the position then our online guidance explains what we need to change from tenants in common to joint tenants and this guidance largely covers what would be required along with a form RX3 - the form explains what is being applied for and why but it will be the supporting documents which then prove the point re why the actual restriction can be removed.

Flower4156

The property was registered only on mum and dad's names. We are beneficiaries and executors of their will now ( so our names on their will but not on the property title.
It appears that there is another complication with it now: apparently they had unregistered lease hold dated 1956 for 99 years. Then in 1978 they bought and registered a freehold on the same property. Father admitted that the original lease papers were lost. Their solicitor attempted to do a search via Lloyds TSB bank with no success. What do we do now with all of it?

Many-many thanks for your help.

Land_Registry

The additional information provides some new issues but doe snot clarify what you are trying to do with the property. Are you trying to sell it or perhaps register it in the beneficiaries ownership?

The form A restriction is normally used to protect a deceased owner's share in the property when the other joint owner seeks to deal with the property on their own. If both owners have now passed away it's purpose from that perspective becomes less relevant so would not bind you if were selling for example.

If you were trying to register yourselves as the new legal owners then again you can do this but the restriction would remain unless you demonstrated how it no longer applied - the online guidance explains what supporting evidence may be required in such circumstances.

The 'unregistered leasehold' you mention may not be an issue as far as the legal ownership is concerned but I assume what you really mean is that the lease is noted against the current freehold title. If that is the case and you are seeking to sell the property then the buyer will most likely which to take free of it, namely you have it removed. That will depend on how it is noted as to what application is required and what supporting evidence is needed.