Is it necessary to cancel restriction when adding trustees

cherry76

instructed my solicitor in March to add two trustees, my adult children to my title deed. Have not heard anything and when I contact him this week. He told me he had submitted an application to remove a restriction, not sure what he meant by that as have already removed my deceased husband from the title deed. Although we have provided id and death certificate, we were not given any TRI form to fill, sign and witness. Have asked for clarication, no response yet. My understanding there is no need to remove restrictions when adding trustees. Can anybody advise pl. It’s a life interest will. The application is now with LR and was informed it’s going to take months to proceed. Thanks

Glad

I don't think anyone can say whether the solicitor is right to remove the restriction without knowing exactly what restriction is currently on the title.

I'd ask the solicitor to tell you exactly which restriction they have applied to cancel, why it needs cancelling, and how your two children are being appointed and registered as trustees.

Also, a TR1 is one way of registering new trustees, but it isn't the only possible documentation involved, so the fact you haven't personally been given a TR1 doesn't necessarily mean nothing has been done.

I think I'd wait for the solicitor's explanation before assuming the application is wrong. Someone with better knowledge of trusts and Land Registry procedures will hopefully be along soon.

poseidon1

OP please review your post on this matter last year below -

https://forums.moneysavingexpert.com/discussion/6617254/adding-trustees-to-house-deed

I am now unclear whether your father actually owned 100% of the home prior to death, so your mother merely now has a lifetime right of occupation and perhaps appointed as a co-trustee under the will to act along side you and your sibling.

Alternatively, if you mother was always a joint tenant owner with your father, then only his 50% fell into the trust. Your mother retains ownership of her personal half share, which means she remains (unchanged) on title as legal owner with your father to be removed and replaced by the new trustees.

Regrettably, I did not get you to provide a redacted wording of your fathers will which would have clarified to my satisfaction what should have happened after probate to give proper land registry effect to the new trust.

So clarification on 100% or 50% ownership and when probate was obtained , to get an idea why this matter seems to have dragged on for over a year.