Life interest trust and loss of capacity

Hi I hope you might be able to help… Husband and wife held their matrimonial as tenants in common in equal shares. Husband has died and his Will left his half share in the property to his Wife on a life interest trust and then to their 2 daughters (the remaindermen).

Wife has a valid LPA appointing her 2 daughters as Attorneys for finances.

Wife has now lost mental capacity.

How do we register the Trustees interest in the Husband’s half share of the property? An application to the land registry signed by the daughters as Attorneys for the wife came back with a requisition on the basis that Attorneys cannot make gifts to themselves through the LPA. However, there is no gift element we are seeking to register the life interest (of which they are admittedly remaindermen). Has anyone come across this? How have you managed to register or record the life interest.

Is it a court of protection application for a specific decision? If so any pointers as to the procedure.

Or would you offer up the death certificate to the land registry of late husband and then do a declaration of trust confirming the half share is held on trust in accordance with Mr’s Will?

I look forward to hearing from you with how you would proceed.

Many thanks
Liz Head
KJ Smith Solicitors

I was told by the Land Registry when trying to enter a form (ii) restriction that there is no need to do anything to register a life interest after one owner dies, as the form “a” restriction is sufficient.

Gail Weston

Thanks for much for replying Gail, that’s really useful.

Liz Head
KJ Smith Solicitors