Registering a Will Trust as Trustee

Archiedextrous56

Good morning everyone,
I’m hoping that someone here is able to offer some advice. I am a Trustee of an IPID Trust and have been trying to prepare the paperwork in order to lodge a standard Restriction A on Title to protect the interests of the beneficiaries. 

I have completed the following documents: AP1 and RX1 for the restriction but have just encountered an issue with getting my ID1 verified by a solicitor. Whilst I have the Will and Probate cert for my late MIL this is apparently not listed on the Land Registry list of evidence. The solicitor asked me if I had a utility bill or anything else that linked my interest to the property but obviously cannot because I’ve never lived there. In this scenario, I am wondering how it is possible for a Trustee or beneficiary to apply for a restriction? Whilst the LR clearly stipulates that application can be made by either of the aforementioned, the existing ID requirements appear to make this impossible. The solicitor did state that the LR have just updated their ID verification requirements but may have overlooked provision for my individual scenario? I would welcome any thoughts on this. Many thanks in advance.

RAS

@Land_Registry

poseidon1

Not sure why the solicitor is getting their knickers in a twist and insisting on ID linked to the trust property, when your Passport or photo Driving Licence is acceptable for the purposes of the  ID1 they sign as the identifying authority. Your circumstance is by no means unusual, indeed it would be quite normal for an appointed trustee not to be living  (or ever having lived ) at the trust property concerned.

The ID1 merely identifies you as the person named in the Will as trustee and therefore entitles you to progress with the Form  A Restriction in that capacity.  Since you have completed the AP1 and  RX1 yourself, and will presumably be submitting without the assistance of a solicitor,  you may be better off dealing with an online firm who have streamlined the  ID1 process as a standalone service - see example below

https://www.frantzgregory.co.uk/id1-and-id2-verification/?gad_source=1&gad_campaignid=13273411383&gbraid=0AAAAACueee-BYRX0br6jZTCJzghrhXQCB&gclid=CjwKCAjwx8nCBhAwEiwA_z__0xChVjpG-rktVQlRaepVQGfG4ujBlnBYqjwZBHGlqKRKPVTQdmPYrRoCFiYQAvD_BwE

Land_Registry

Archiedextrous56 said:

Good morning everyone,
I’m hoping that someone here is able to offer some advice. I am a Trustee of an IPID Trust and have been trying to prepare the paperwork in order to lodge a standard Restriction A on Title to protect the interests of the beneficiaries. 

I have completed the following documents: AP1 and RX1 for the restriction but have just encountered an issue with getting my ID1 verified by a solicitor. Whilst I have the Will and Probate cert for my late MIL this is apparently not listed on the Land Registry list of evidence. The solicitor asked me if I had a utility bill or anything else that linked my interest to the property but obviously cannot because I’ve never lived there. In this scenario, I am wondering how it is possible for a Trustee or beneficiary to apply for a restriction? Whilst the LR clearly stipulates that application can be made by either of the aforementioned, the existing ID requirements appear to make this impossible. The solicitor did state that the LR have just updated their ID verification requirements but may have overlooked provision for my individual scenario? I would welcome any thoughts on this. Many thanks in advance.

Two things to mention here - the first is that we don't need you to have your identity verified if you are applying to have a restriction added to the register; and
Secondly you only need form RX1 as it's an application form in it's own right. Form AP1 is used as a generic form to update the register but for other entries/interests

Archiedextrous56

RAS said:

@Land_Registry

Many thanks for your reply. I contacted the LR and didn't get a very helpful reply unfortunately. I received a cut and pasted response that signposted me to the relevant guidance which I have already read. I was very careful to ask for procedural advice based on my recent experience, but was told that they were not able to offer any legal advice which is what I didn't want anyway!!  

Archiedextrous56

Thank you so much for your clarification Land Registry, that has certainly clarified things for me. Unfortunately when I contacted the LR the response was unhelpful. I do genuinely appreciate you taking the time to reach out. 

Archiedextrous56

poseidon1 said:

Not sure why the solicitor is getting their knickers in a twist and insisting on ID linked to the trust property, when your Passport or photo Driving Licence is acceptable for the purposes of the  ID1 they sign as the identifying authority. Your circumstance is by no means unusual, indeed it would be quite normal for an appointed trustee not to be living  (or ever having lived ) at the trust property concerned.

The ID1 merely identifies you as the person named in the Will as trustee and therefore entitles you to progress with the Form  A Restriction in that capacity.  Since you have completed the AP1 and  RX1 yourself, and will presumably be submitting without the assistance of a solicitor,  you may be better off dealing with an online firm who have streamlined the  ID1 process as a standalone service - see example below

https://www.frantzgregory.co.uk/id1-and-id2-verification/?gad_source=1&gad_campaignid=13273411383&gbraid=0AAAAACueee-BYRX0br6jZTCJzghrhXQCB&gclid=CjwKCAjwx8nCBhAwEiwA_z__0xChVjpG-rktVQlRaepVQGfG4ujBlnBYqjwZBHGlqKRKPVTQdmPYrRoCFiYQAvD_BwE

I did actually use the approach you have suggested and he couldn't issue the ID5 based on the points I raised, however it sounds like I do not require ID verification to register a Restriction based on the useful guidance from Land registry poster.

poseidon1

Archiedextrous56 said:

poseidon1 said:

Not sure why the solicitor is getting their knickers in a twist and insisting on ID linked to the trust property, when your Passport or photo Driving Licence is acceptable for the purposes of the  ID1 they sign as the identifying authority. Your circumstance is by no means unusual, indeed it would be quite normal for an appointed trustee not to be living  (or ever having lived ) at the trust property concerned.

The ID1 merely identifies you as the person named in the Will as trustee and therefore entitles you to progress with the Form  A Restriction in that capacity.  Since you have completed the AP1 and  RX1 yourself, and will presumably be submitting without the assistance of a solicitor,  you may be better off dealing with an online firm who have streamlined the  ID1 process as a standalone service - see example below

https://www.frantzgregory.co.uk/id1-and-id2-verification/?gad_source=1&gad_campaignid=13273411383&gbraid=0AAAAACueee-BYRX0br6jZTCJzghrhXQCB&gclid=CjwKCAjwx8nCBhAwEiwA_z__0xChVjpG-rktVQlRaepVQGfG4ujBlnBYqjwZBHGlqKRKPVTQdmPYrRoCFiYQAvD_BwE

I did actually use the approach you have suggested and he couldn't issue the ID5 based on the points I raised, however it sounds like I do not require ID verification to register a Restriction based on the useful guidance from Land registry poster.

Hope you soon get to the finishing line on this. I see from past posts this all arose as far back as February. 

Archiedextrous56

poseidon1 said:

Archiedextrous56 said:

poseidon1 said:

Not sure why the solicitor is getting their knickers in a twist and insisting on ID linked to the trust property, when your Passport or photo Driving Licence is acceptable for the purposes of the  ID1 they sign as the identifying authority. Your circumstance is by no means unusual, indeed it would be quite normal for an appointed trustee not to be living  (or ever having lived ) at the trust property concerned.

The ID1 merely identifies you as the person named in the Will as trustee and therefore entitles you to progress with the Form  A Restriction in that capacity.  Since you have completed the AP1 and  RX1 yourself, and will presumably be submitting without the assistance of a solicitor,  you may be better off dealing with an online firm who have streamlined the  ID1 process as a standalone service - see example below

https://www.frantzgregory.co.uk/id1-and-id2-verification/?gad_source=1&gad_campaignid=13273411383&gbraid=0AAAAACueee-BYRX0br6jZTCJzghrhXQCB&gclid=CjwKCAjwx8nCBhAwEiwA_z__0xChVjpG-rktVQlRaepVQGfG4ujBlnBYqjwZBHGlqKRKPVTQdmPYrRoCFiYQAvD_BwE

I did actually use the approach you have suggested and he couldn't issue the ID5 based on the points I raised, however it sounds like I do not require ID verification to register a Restriction based on the useful guidance from Land registry poster.

Hope you soon get to the finishing line on this. I see from past posts this all arose as far back as February. 

Many thanks, it’s been a very frustrating journey but the help and guidance found on this forum has been invaluable.

Archiedextrous56

Land_Registry said:

Archiedextrous56 said:

Good morning everyone,
I’m hoping that someone here is able to offer some advice. I am a Trustee of an IPID Trust and have been trying to prepare the paperwork in order to lodge a standard Restriction A on Title to protect the interests of the beneficiaries. 

I have completed the following documents: AP1 and RX1 for the restriction but have just encountered an issue with getting my ID1 verified by a solicitor. Whilst I have the Will and Probate cert for my late MIL this is apparently not listed on the Land Registry list of evidence. The solicitor asked me if I had a utility bill or anything else that linked my interest to the property but obviously cannot because I’ve never lived there. In this scenario, I am wondering how it is possible for a Trustee or beneficiary to apply for a restriction? Whilst the LR clearly stipulates that application can be made by either of the aforementioned, the existing ID requirements appear to make this impossible. The solicitor did state that the LR have just updated their ID verification requirements but may have overlooked provision for my individual scenario? I would welcome any thoughts on this. Many thanks in advance.

Two things to mention here - the first is that we don't need you to have your identity verified if you are applying to have a restriction added to the register; and
Secondly you only need form RX1 as it's an application form in it's own right. Form AP1 is used as a generic form to update the register but for other entries/interests

Land_Registry said:

Archiedextrous56 said:

Good morning everyone,
I’m hoping that someone here is able to offer some advice. I am a Trustee of an IPID Trust and have been trying to prepare the paperwork in order to lodge a standard Restriction A on Title to protect the interests of the beneficiaries. 

I have completed the following documents: AP1 and RX1 for the restriction but have just encountered an issue with getting my ID1 verified by a solicitor. Whilst I have the Will and Probate cert for my late MIL this is apparently not listed on the Land Registry list of evidence. The solicitor asked me if I had a utility bill or anything else that linked my interest to the property but obviously cannot because I’ve never lived there. In this scenario, I am wondering how it is possible for a Trustee or beneficiary to apply for a restriction? Whilst the LR clearly stipulates that application can be made by either of the aforementioned, the existing ID requirements appear to make this impossible. The solicitor did state that the LR have just updated their ID verification requirements but may have overlooked provision for my individual scenario? I would welcome any thoughts on this. Many thanks in advance.

Two things to mention here - the first is that we don't need you to have your identity verified if you are applying to have a restriction added to the register; and
Secondly you only need form RX1 as it's an application form in it's own right. Form AP1 is used as a generic form to update the register but for other entries/interests

Thank you very much for this clarity. Presumably as it’s a standard restriction I do not have to pay a £40 fee?

Land_Registry

If it's solely for a form A restriction then there is no fee, A form A restriction is an exception to the rule with regards standard forms of restriction attracting a registration fee