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SolicitorRM
SolicitorRM, Solicitor
Category: Property Law
Satisfied Customers: 4314
Experience:  Director and Principal Solicitor. UK
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I have question - I am the executor to a will which has not

Customer Question

HiI have question - I am the executor to a will which has not yet gone through probate. I wish to ensure the joint (tenants in common) property owned by the deceased does not run the risk of being sold before the equitable interest of the deceased does not get recognised.Can you advise what restriction I can apply for with the land registry to ensure the interest is protected.
Submitted: 11 days ago.
Category: Property Law
Expert:  SolicitorRM replied 11 days ago.

Good evening, thank you for your enquiry and patience. I am a solicitor in England and Wales and happy to assist you. I am reviewing your question now.

Customer: replied 11 days ago.
I want to put the right restriction on to prevent a sale or dispose in any way. The deceased actually paid for the entire mortgage to date and his beneficiaries do not want the living proprietor from taking the equitable share in a disproportionate way
Customer: replied 11 days ago.
File attached (7QPQTZM)
Customer: replied 11 days ago.
File attached (MGM6GT4)
Customer: replied 11 days ago.
This shows the different title register after the death was notified (but not by me) which is very disturbing as to the underhanded way other family members are interfering with the process of probate - wanting to by pass probate
Expert:  SolicitorRM replied 11 days ago.

Thank you for this. I had found the two documents quite alarming as clearly there was one proprietor and another was added subsequently. As executor you will not be able to register any caveat at the Land Registry before grant of probate. A beneficiary identified in the Will could though, so hopefully the beneficiaries are not the ones trying to get this property in such a deceptive way. The consolation where there is tenancy in common is that the surviving owner, an executor or beneficiary cannot force the sale of the whole property. A sale will require all to agree, not just a majority. If they ever tried to sell their share of the property on the open market it would be extremely difficult as there would probably be no interest. It would also be extremely difficult without agreement from you and the other beneficiaries. Any interest would probably come from one of the other beneficiaries, for example, a sibling or siblings. If your concern is that this family may look to apply for grant of probate to your exclusion then you ought to file the application with the Court. Please see this link:https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/905668/pa8-eng.pdf

If before grant of probate you genuinely fear that other will meddle with the deceased's affairs and that the property may be disposed of then try and get one of the beneficiaries to register a restriction with the land registry and this is done on the form here: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/812249/RX1__2019-07-01_.pdf

If at all possible I would suggest that you employ a conveyancer to assist the beneficiary with this process or you for that matter if grant of probate does happen without delay.

I am happy to guide you further should you require it. All the best.

Customer: replied 11 days ago.
The property was 2 owners reduced to 1 after the death of MAnjinder
The advice i was given by land registry was Restriction form B
Not restriction A as that is on alreadyDo you know about this>??
Expert:  SolicitorRM replied 11 days ago.

Hi, thank you for your response. Form B would be the straight forward application to make had the family not tampered with the property and left the registration in joint names where Form A restriction is there for all purchasers to see. There was no need in applying for the single proprietor TP1 given the property would have just been held in trust for the deceased estate in any event so you must be weary that the purpose is to give the impression the survivor is not holding the property in trust for the deceased and is the sole proprietor with the right to sell without your or the beneficiaries's involvement. Before grant of probate you can get the beneficiary to register the Form B restriction, the land registry will not accept multiple Form B restrictions and you cannot do it before grant of probate. The wording is here for you:

“No disposition [or specify details] by the proprietors of the registered estate is to be registered unless one or more of them makes a statutory declaration or statement of truth, or their conveyancer gives a certificate, that the disposition [or specify details] is in accordance with [specify the disposition creating the trust] or some variation thereof referred to in the declaration, statement or certificate.”

Customer: replied 11 days ago.
The beneficiary is restriction C, As an executor would i not be able to put that application? As before probate nobody is aware of the beneficiaries.
Expert:  SolicitorRM replied 11 days ago.

Good evening. I imagine you or the deceased's solicitor will have the Will and as such you will know who are the beneficiaries before grant of probate.