Removal of a form A restriction

Trusts Discussion
1

I have a case where I need to remove a restriction and I just wanted to check who should make the statement of truth.

The property was subject to a will trust. The firm that had dealt with the matter previously had transferred the property to two of their partners to be held in their capacity as executors, but had not then transferred the property to the trustees. The property has subsequently been transferred to the trustees, then transferred to a beneficiary absolutely, but the form a restriction remains.

My gut feeling is that the current trustees should sign the statement, but I would welcome some input.

Thank you,

David Harris
Batchelors

2

It seems to me that the trustees should have applied for the Form A restriction to be removed when transferring title to the beneficiary. Accordingly, it would seem logical for them to make the statement supporting removal of the restriction.

Paul Saunders