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Peter Collins
Peter Collins,
Category: Property Law
Satisfied Customers: 4413
Experience:  Barrister at Self Employed
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I need to remove my deceased wife's name from my deeds and

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Hi JoshuaI need to remove my deceased wife's name from my deeds and also a restriction at B5Thanks

Hello, my name is ***** ***** I’ll do my best to assist you today.

Please bear in mind as this is an email service and not live chat I may not respond immediately.

What is the restriction that you are seeking to remove?

Customer: replied 3 days ago.
Hi PeterB: Proprietorship Register continued
5 (23.07.2010) 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.Thanks Andy

Thanks. I am assuming as a result of the restriction you had a tenants in common agreement? Did you have specified shares of the property?

Did your wife leave a will and specify where her share was to go to?

Customer: replied 3 days ago.
no she didn't leave a will and i don't understand the restriction

OK, thank you. I'll try to clarify for you.

How much is the property worth, roughly, and were you still married when she passed away?

Has probate been applied for?

Customer: replied 3 days ago.
The property is worth £125,000
yes we were married when she died and no probate was applied for as I thought everything automatically went to me

OK, thank you.

It appears that you owned the property as tenants in common, which means that you each owned a specific share of the property. However, as the value of the property itself is below the threshold of £250k as there was no will, her share would come to you.

So, you are correct in that everything should have come to you.

You need form RX3 to cancel the restriction:

https://www.gov.uk/government/publications/cancel-a-restriction-registration-rx3

The form you need to remove your late wife's name from the register is here:

https://www.gov.uk/government/publications/deceased-joint-proprietor-djp

I hope this assists.

Is there anything I can clarify at this stage?

Peter Collins and 2 other Property Law Specialists are ready to help you
Customer: replied 3 days ago.
Thats great thank very much

My pleasure.