Delays in Land Registry - will it hinder resale

beefster

Seeking some guidance as somewhat worried at pressent.
My mothers will left her 50% ownership of her property in trust to her and her second husbands children. her second husband having tenancy rights.

The solicitor dealing with the setting up of the trust has for some reason now declined to answer emails / calls from the executors / Trustees? We are now going to set up a complaint through the firm involved.

My step father has placed the property on the market and wishes to sell and move. No problem there but... we can not get any confirmation that the land registry application has gone through. 
The Estate Agent has confirmed the property is still in my mother / step fathers names.

As lead trustee I am unsure how protected the trust is in regard to its 50% ownership as deemed by my mothers will. Family relations with my step father are strained to say the least at present.

Are there safety nets for resales where the land registry is not correct?
Can a sale go through in this situation as surly all parties should need to sign off on the sale.... 
What should I be doing to protect the Trusts 50%interest in case.
How can i check if an application has gone through to land registry to update the new ownership and is just delayed?

Many thanks in advance.

silvercar

Paging @Land_Registry

Land_Registry

silvercar said:

Paging @Land_Registry

Trusts or arrangements like these are usually protected in the land register by way of a form A/joint proprietorship restriction - see 
https://www.gov.uk/joint-property-ownership

It is though the law that protects beneficiaries and you, as a beneficiary, would not be required to be directly involved in a sale/purchase as far as the legal paperwork is concerned. The surviving owner can sell by appointing someone to act with him on the transfer deed itself. 

Your interest is then effectively in your share of the proceeds of sale. 

If you don’t think the sale has gone through yet then you can use our Property Alert service to be notified if an application is lodged 
https://www.gov.uk/guidance/property-alert

If you think it has then I’d recommend seeking legal advice as to how to follow through on your late Mother’s will and your beneficial interest. That may mean formalising your legal position with your step father or his solicitor to ‘mark his card’ re your legal claim