Need help removing 'form A' restriction at Land Registry?

itm2

I am an executor of the estate of my late father, and am trying to get his name removed from a mortgage agreement on which he is jointly named with my mother. The mortgage company (Halifax) have told me that they are unable to remove his name due to a restriction which is present in the title deeds. Having contacted the land registry, they have told me that there is a 'form A' restriction in place - it was applied for in 2006. My 95-year-old mother doesn't know anything about it, but I suspect that it was put in place when a tenancy-in-common was established for my parents.
I now understand that I need to complete Land Registry forms RX3 and ST5, but I have a few questions and was wondering if anyone might be able to help?
1. As an executor of my father's will, am I a legitimate applicant for the purposes of form RX3, or must the applicant be my mother? (I don't live very close to her, so it's not so easy to get her signature on the documents)
2. Is the ST5 the only other document that I need to send with the RX3? (or do I need a death certificate, copy of will, etc)?
3. In stating why the restriction is no longer required, do I simply state that it is due to the death of my father?
Many thanks in advance for any guidance!

Land_Registry

itm2 said

I am an executor of the estate of my late father, and am trying to get his name removed from a mortgage agreement on which he is jointly named with my mother. The mortgage company (Halifax) have told me that they are unable to remove his name due to a restriction which is present in the title deeds. Having contacted the land registry, they have told me that there is a 'form A' restriction in place - it was applied for in 2006. My 95-year-old mother doesn't know anything about it, but I suspect that it was put in place when a tenancy-in-common was established for my parents.
I now understand that I need to complete Land Registry forms RX3 and ST5, but I have a few questions and was wondering if anyone might be able to help?
1. As an executor of my father's will, am I a legitimate applicant for the purposes of form RX3, or must the applicant be my mother? (I don't live very close to her, so it's not so easy to get her signature on the documents)
2. Is the ST5 the only other document that I need to send with the RX3? (or do I need a death certificate, copy of will, etc)?
3. In stating why the restriction is no longer required, do I simply state that it is due to the death of my father?
Many thanks in advance for any guidance!

1. and 2. There should be no bar to you submitting the application plus form DJP and an official copy of the probate or death certificate. The form ST5 will though need to be completed by your Mother

3. Have a read of Practice Guide 6 section 7 for what the ST5 needs to cover 

itm2

Many thanks for the guidance