Land Registry Title

Client died and left a life interest for second wife in his rental property; remainderman great grandchildren - wife was also the sole trustee.

The title register at HMLR states registered owners as surviving spouse and one of her children from a previous marriage.
In addition, under the proprietorship register section it has a restriction clause referencing back to the relevant clause in the deceased’s Will.

  1. Is it ok for registered owners to be shown as just their names or should it clearly state that they are trustees of the Will trust?
  2. Are there any issues with the restriction clause?
  3. The remainderman are “… my great grandchildren…” - would this include any such great grandchildren arising from his wife’s children from her previous marriage or does it just refer to such great grandchildren where he is the biological great grandfather.

I did not write or advise on the Will, but have been asked some questions on this!

Thank you in advance.

  1. Yes, fine. In fact I think this may be best practice as the title shows the legal owners.
  2. Depends what it says!
  3. No, issue of step children wouldn’t be included unless the will says otherwise or there is some very strong contextual evidence to the contrary. Goodrich v AB [2022] EWHC 81 (Ch)