Do I need to remove restriction from title deeds since my husband passed?

erushton

Hello, I am hoping someone can advise please.

My husband recently passed away and as according to the will, all his estate and belongings came to me and his half of the house went into trust. I have already applied to land registry to get his name removed from the register and have received a letter saying this has now been done so the property is now in my name however they are saying the register contains a restriction which may also need removing. The restriction is:

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.

Having read guidance I am unsure whether it needs removing or not. Whilst I am the sole owner of the house, half of it is in a trust following the will. Therefore, can anyone advise whether I need to apply to get the restriction removed please? I am aware of how to apply but not sure if it needs doing or not.

thanks in advance.

p00hsticks

The restriction (and the will) imply that you held the house as tenants in common, so each had your own shares in the property to leave to whoever you wanted. 
 
I'm a bit confused by you both saying that you are now the sole owner of the house, but at the same time saying that his half of the property went into a trust. This seems contradictory to me - if he left his share of the house absolutely to you, then what is the purpose of the trust ? Who are the beneficiaries of the trust ?

As far as I'm aware (and I'm not an expert), trusts are usually used when a persons share of the property is left to e.g. children but the spouse is given a lifetime interest to remain living in the home. 

Keep_pedalling

Assuming the trust is an immediate post death interest trust, you are the legal owner of half the house and the beneficial owner of all of it. Legal ownership of your husband’s share is with the trust, so the property should still have a restriction on it, although I would have though the trust should also be on the registry as a legal owner. 

erushton

Thank you for the responses.

I am new to this as not been through it before but ‘keep_pedalling’ you are right that the trust is an immediate post death trust. I have registered the trust with HMRC as advised by the solicitor and the will is the deed of the trust. I am the trustee of the trust and our children are the beneficiaries. So I think what you are saying is that the restriction should remain there and the trust should also be on the land registry??

thanks