Land Registry Form A Restriction and deceased joint proprietor


I have been asked for help with a matter by one of my conveyancing team.

The seller, P, bought a property with his girlfriend, A, in the 1990’s. They had three children but never married. They held it as tenants in common. A left the family home two years after the purchase and was estranged from P and the children. They simply had no further contact with her. P has made all the mortgage payments.

P wished to remortgage the property last year and realised that A was still on the title. He traced her and discovered she had died several years ago. Before her death she married a long term partner. There does not appear to be any Will. She had no further children.

A’s spouse wants nothing to do with the estate. He refuses to engage with any correspondence. A appears to have had no other assets. P & A’s children are all adults.

I would want a renunciation and disclaimer from A’s spouse before the 3 adult children make an application for letters of administration but I wonder whether there is another option? For example, removing her name from the Land Registry title but leaving the Form A restriction on the title - would this affect a mortgage? I understand that the restriction could be overreached on a sale but I am not sure about a remortgage. To me, this would still leave the issue of A’s spouse making a claim against them.

Any advice in this situation?

Leanne Bloomfield
Beverley Morris & Co