Amendments to Guide on registered proprietor’s death

Amendments have recently been made to Practice Guide 6, which deals with devolution on the death of a registered proprietor.

The guide from Land Registry has been updated in relation to the evidence required to remove a restriction.

Dealing with registered estates only, practice guide 6 advises on “what to do following the death of a joint, sole or last surviving proprietor of an estate, charge or mortgage.” It provides details on the evidence needed for applications which relate to the death of a registered proprietor.

The update has amended section 7 of the practice guide, which specifically refers to the “removal of a restriction in Form A from the register”. This particular section details the procedure involved in applying to cancel a restriction, and the requirement for evidence to prove that the surviving sole proprietor has become the sole beneficial owner.

The amendment updated section 7 to agree with the evidence required on form ST5. As a statutory declaration or statement of truth, form ST5 is the form of evidence usually accepted by Land Registry to demonstrate that the sole surviving proprietor has become the sole beneficial owner.

This is done by:

  • explaining what has happened to the beneficial interest protected by the restriction
  • if it has devolved to the surviving proprietor, explaining how this happened
  • confirming, if it is true, that no one other than the registered proprietor now has a beneficial interest in the property
  • confirming, if it is true, that no beneficial interest in the property has been separately mortgaged or charged, and that no beneficial owner is or was subject to a charging order or bankruptcy proceedings (a registered mortgage does not count)

 

If they are able to speak from personal factual knowledge, Land Registry will also accept a certificate providing these details from the conveyancer acting on the surviving proprietor’s behalf.

The amendment has not made any changes to current practice.

Practice guide 6 can be found here.

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