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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 14466
Experience:  I have been practising for 30 years.
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We need urgent advice a d cant afford a solicitor Assistant:

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Hi we need urgent advice a d cant afford a solicitor
Assistant: Where are you? It matters because laws vary by location.
Customer: We are in cheshire but its advice on a property in Cardiff
Assistant: What steps have you taken so far?
Customer: None yet my husband has been left a quarter of his fathers property in a will his older brother is executor and has just beeb granted probate and has applied to register his fathers property in his sole name
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: We have been told we need to register so.ething to put a stop to his prcess but have no clue what we need or how to fill it in
Customer: replied 4 days ago.
We have been advised that unless this particular restriction form is filled in correctly we dont stand a chance of protecting my husbands part of the property as the older brother has been very dishinest up to now and wants the proerty for himself so not to have to give my husband his share when it is sold

I have been asked to look at this for you.

 

Does your brother-in-law have solicitors dealing with this or has he done it himself?

 

Normally, you would apply for an injunction to prevent the transfer of the property from your late father’s name to just your brother in law’s sole name but it can be dealt with either as a restriction or a unilateral notice. A restriction is probably better.

 

If that’s what you been told to do, then you use land registry form RX1 and send it along with land registry form AP1 and form ID1. ID1 needs a passport size photograph certified by a solicitor as being a true likeness. When I say you, I obviously mean your husband.

 

You may find that a strongly worded letter from a solicitor saying what’s been done and threatening a court application and an application for costs, may focus the mind without actually the need to get to court.

The restriction will stop the property being sold or remortgaged in the interim.

 

If you have a look at the forms (Google will let you have them) and let me know what you are struggling with, I can tell you what to put in the appropriate box.

Can I clarify anything else for you?

 

I am happy to answer any specific points arising from this.

 

Please take a moment to look at the top right-hand corner of the page and rate my service by clicking one of the stars at the top of the screen.

 

You may need to login again to use the rating service. Although it says "rate to finish" it doesn't close the thread and we can still exchange emails.

 

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All you need to do is press Submit.

 

Thank you.

 

If you still need any points clarifying, I will still reply because the thread does not close.

 

Best wishes.

 

FES

 

 

Customer: replied 3 days ago.
He doesnt communicate at all so as far as we are aware he has done it himself.
He has supposedly applied to register already in his sole name land registry when we rang them. We will get forms today, we have been advised if we fill then in incorrectly the application wont work so if you could help us that would be great.

It’s not really a case that if you show the forms in incorrectly, it doesn’t work, before the forms in incorrectly, the land registry will send them back they will tell you what’s wrong.

 

Depending on when he applied to register the property, it may or may not already be in his name.

You can find out by getting the title deeds from the land registry.

 

You can get the title deed and the plan quickly and easily by using this link:

 

https://eservices.landregistry.gov.uk/www/wps/portal/!ut/p/b1/04_SjzS0tDQwMTIxMjLXj9CPykssy0xPLMnMz0vMAfGjzOKNjSxMDA1NjDwsjM3MDTxN3dyNDUNMjQ1MjPWDU_P0c6McFQH3SLFU/

 

and you will have to pay 3 pounds for the title deed and 3 pounds for the plan.

 

You will then have them in minutes if not seconds.

 

 

Also need to read the Land Registry Practice Guide: https://www.gov.uk/government/publications/notices-restrictions-and-the-protection-of-third-party-interests-in-the-register/practice-guide-19-notices-restrictions-and-the-protection-of-third-party-interests-in-the-register

and devour it from end-to-end. You will notice that there are probably 40 different kinds of restriction.

Customer: replied 3 days ago.
He applied to register the property on Monday 10/01/2020. We have read the information and do not know which restriction we need to request the house is not put solely in the executors name as there are 3 other beneficiaries who have an interest in the property and if anything happens to the executor it passes to his wife alone if it is in sole name. My husband is the executors brother and both their sons are also in the will as receiving a quarter from it. All have been kept in the loop except my husband the brother of the executor. No contact has been made to him irregardless of how much contact we have requested, since July.

Thank you. It’s unlikely that it will be completed yet then.

What you need to do at this stage is stop the sale of the house and you do that with the restriction.

Then you make the application to court to either register in joint names of all of the beneficiaries or sell it.

 

It would be restriction 7.3 Form C if the property had not been registered in his name but if it is, then it’s probably 7.12 Form L.

No disposition of the registered estate by the proprietor of the registered estate is to be registered without a certificate signed by a conveyancer that the provisions of the will of the late XXX dated XXX have been complied with.

 

I am glad to help. Please don’t forget to use the rating service because it means that can continue to provide affordable and timely legal advice to people with similar problems.

Although it says "rate to finish" it doesn't close the thread and we can still exchange emails.

You may need to login again to use the rating service.

Kind regards

F E Smith and 3 other Law Specialists are ready to help you
Customer: replied 3 days ago.
Excellent thank you.

I’m glad to help.

Customer: replied 3 days ago.
Hi another question, how do we get a copy of the accounts please, probate said they don’t get one to pass on and they send it to inland revenue, and inland revenue said they don’t provide anyone with copies. My husbands brother ( the executor) has not at any time since my father in laws death responded to anything we have asked and so we do not know how to request a copy of the accounts as a beneficiary.

The Probate Registry don’t get the estate accounts. Nor do the revenue. The revenue get the IHT return and they, as they say, will not produce it.

If you think there is going to be a potential argument, then you ask the executors for a copy and if it’s not forthcoming, you threaten an application to court for pre-disclosure and an application for costs.

My advice to any executor being faced with an action reaction disclosure is to disclose whatever information they have because all being secretive does is raise suspicion that something is amiss.

You may find that a strongly worded letter from a solicitor threatening a court application and an application for costs, may focus the mind without actually the need to get to court.

Customer: replied 2 days ago.
Thank you for that if we have any more questions we will get back to you.

No problem at all. I am glad to help.

Customer: replied 1 hour ago.
Hello again sorry to disturb your weekend we have been told the registration has been applied for on the 10/01/2020 and we need to place a restriction. we have up to 30 days form the application to do this before registration is completed.
We cannot find the forms
It would be restriction 7.3 Form C if the property had not been registered in his name but if it is, then it’s probably 7.12 Form L.
And we are still unsure which one we would need to use. Please could you clarify which form it would be and link us to it please.
Kind regards
Karen Wareham