AS1 with a form A restriction

Trusts Discussion
1

We have a situation where the last surviving legal owner of a property has passed away. There is a still a form A restriction on the title from where the surviving legal owner held the property on a trust of land for their deceased spouse’s Will trustees.

We now need to look at assenting the properties into the names of the beneficiaries.

Would we have to cancel the form A restriction via an RX3 or could the PR for the surviving spouse use the statutory power to appoint a co-trustee to satisfy the terms of the form A restriction?

2

I think the land registry will accept both. Personally, I would probably go down the RX3 route.

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