Land Registry - B: Proprietorship register

TrickyDicky101

My father passed away in 2018 and in accordance with his will the property he and my mother shared has passed into her sole ownership. The property had been held as tenants in common since April 2007 (held as Joint tenants prior to this).

On the title register which the Land Registry has now sent me a copy of under section B: Proprietorship register I have the following entries under the heading "Title absolute":

1. (26.10.1978) PROPRIETOR TrickyDicky'sMum of [Property's address].

2. (11.04.2007) RESTRICTION: 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.

It's the bit in red I am concerned about. I believe this was created (as per the date above) in order to split the Joint Tenancy (this was for the purpose of creating a Nil Rate Trust on first death of either of my parents for the purpose of using their IHT nil rate band - something which was made irrelevant a matter of months later when Transferable NRBs were introduced).

Now it's just my Mum alive, the Nil Rate Trust has not been created (avoided via a Deed of Appointment) and the property title is only registered in my mother's sole name.

Does the (2) RESTRICTION entry above need to be removed now because, on the face of it, it looks to me like my mother could not sell the property (or at least the transfer registered) without an order from the court!

Am I right to be concerned?

da_rule

The restriction is a standard form restriction (Form A). Part 7 of this practice guide sets out how to have a Form A restriction removed following death:
https://www.gov.uk/government/publications/devolution-on-the-death-of-a-registered-proprietor/practice-guide-6-devolution-on-the-death-of-a-registered-proprietor#removal-restriction

There’s no fee for the application so it’s just the time (there may be a few for a solicitor to complete form ID1 to prove your mums identity as she would have to be the applicant). If you had a solicitor deal with your fathers estate then you may want to go back to them as they should have really caught this.

It can be dealt with on sale of the property but to avoid delaying any sale it might be prudent to do it ASAP. The restriction would also potentially prevent any future charges being registered against the property (i.e. a charge by a local authority used to secure funds paid for care fees etc).

TrickyDicky101

Many thanks for this - I will read the link. There was no solicitor dealing with my father's estate so that probably explains why it wasn't picked up! Thanks again!

G_M

I don't believe you need to even do that.

Simply fill in form DJP to remove their name from the register.

Send the completed form to HM Land Registry, along with an official copy of the death certificate.

The property will then be registered in the sole name of your mother.

https://www.gov.uk/update-property-records-someone-dies

Tom99

G_M wrote: »

I don't believe you need to even do that.
Simply fill in form DJP to remove their name from the register.
Send the completed form to HM Land Registry, along with an official copy of the death certificate.
The property will then be registered in the sole name of your mother.
https://www.gov.uk/update-property-records-someone-dies

Looks like that part has already been done as it is registered in sole name.
What's needed is removal of the restriction as set out above. Presumable attaching a copy of Will to show current sole owner did inherit joint owners share.

TrickyDicky101

Tom99 wrote: »

Looks like that part has already been done as it is registered in sole name.
What's needed is removal of the restriction as set out above. Presumable attaching a copy of Will to show current sole owner did inherit joint owners share.

Yup that's right - I need to follow the steps Da_Rule indicated. Dealing with my father's estate has certainly been a learning experience for me (one which I'm in no hurry to repeat, however).

Land_Registry

A few things to add here re comments made which may be of interest/assistance although section 7 of the Practice Guide 6 linked to is the key thing re applying to cancel the form A restriction now.

Register already updated re your Father's death and the form A is there to restrict a sole owner from dealing with the property for capital monies - that means she can't sell/mortgage it on her own

I've emboldened those words for emphasis as she could appoint someone to act with her on any sale for example so would not need a court order as you suggest.
The court order aspect is there for IF she for example contested that she should not be restricted and proved that in court so she could sell it on her own. Very rarely is that ever needed.

The form A restriction would not 'prevent any future charges being registered against the property (i.e. a charge by a local authority used to secure funds paid for care fees etc' as it would not be a disposition by the registered owner, your Mother. It would be a charge secured using existing legislation and noted on the title.

There is no need to remove the form A restriction now. It is likely to only impact as and when she wishes to deal with the property as explained. However there is no reason, as you are sorting out his estate and her affairs, why you should not do it now if it is no longer required and she is now the sole legal and the sole beneficial owner.

I've emboldened those words as she is the sole legal owner but the beneficial ownership was split between her and your late Father's estate. If the trust they created is no more and he left his share in the beneficial ownership to her for example then the form A is probably no longer needed.

So in answer to your original Qs there is no need to remove it now and you should not be concerned. If you are sorting her affairs then applying to remove it seems a logical next step though.

TrickyDicky101

Land_Registry wrote: »

A few things to add here re comments made which may be of interest/assistance although section 7 of the Practice Guide 6 linked to is the key thing re applying to cancel the form A restriction now.

Register already updated re your Father's death and the form A is there to restrict a sole owner from dealing with the property for capital monies - that means she can't sell/mortgage it on her own

I've emboldened those words for emphasis as she could appoint someone to act with her on any sale for example so would not need a court order as you suggest.
The court order aspect is there for IF she for example contested that she should not be restricted and proved that in court so she could sell it on her own. Very rarely is that ever needed.

The form A restriction would not 'prevent any future charges being registered against the property (i.e. a charge by a local authority used to secure funds paid for care fees etc' as it would not be a disposition by the registered owner, your Mother. It would be a charge secured using existing legislation and noted on the title.

There is no need to remove the form A restriction now. It is likely to only impact as and when she wishes to deal with the property as explained. However there is no reason, as you are sorting out his estate and her affairs, why you should not do it now if it is no longer required and she is now the sole legal and the sole beneficial owner.

I've emboldened those words as she is the sole legal owner but the beneficial ownership was split between her and your late Father's estate. If the trust they created is no more and he left his share in the beneficial ownership to her for example then the form A is probably no longer needed.

So in answer to your original Qs there is no need to remove it now and you should not be concerned. If you are sorting her affairs then applying to remove it seems a logical next step though.

That is excellent - thank you very much for the detailed answer. It is reassuring that I/my mother do not have to urgently remove the restriction.

ollylaura

Hi all.My wife has recently passed away. Leaving everything to me. On the land registry document I have with our deeds it states in section B .Proprietorship Register the following . Title absolute.Naming both me and my Wife as proprietors.There is a restriction  stating ...

Except under an order of the registrar no disposition by the proprietors of the land or made in exercise of the power of the sale in any charge subsequent to that dated 25 april 1986 in favor of the TSB Bank PLC referred to in the charges register is to be registered is to be registered without the consent of the proprietors for the time being of the said charge.

The property has no mortgage and we own the property outright. I am trying to work out if we were joint tenants or tenants in common. I am also trying to work out if I have to fill in any inheritace tax or apply for probate ..Any help appreciated. Many thanks.

xylophone

Title absolute.Naming both me and my Wife as proprietors.

If there is no form A restriction, the likelihood is that you were joint tenants - the house falls into your sole ownership as the survivor.

How do you explain the reference to a charge? Did you have a mortgage with TSB?

With regard to probate, if the house was owned as joint tenants, then it cannot pass by will.

If your wife had  assets in her sole name that pass to you by will (cash/shares etc), you may need probate if the institutions require it.

greatcrested

ollylaura said:

 I am also trying to work out if I have to fill in any inheritace tax or apply for probate ..Any help appreciated. Many thanks.

There is a wealth of information on the web, including government sites, and a dedicated board on this forum here, regarding probate, whether, when and how to apply.

Much depends on individual circumstances, size of the total Estate, and attitudes of the various banks and institutions.

https://www.gov.uk/when-someone-dies

https://www.gov.uk/probate-estate

etc etc