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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.
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.
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.”
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.