Title deed - can anyone explain this restriction please?

[kavvYourselfAMerryLittleXmas]

Hello, I’m on the hunt for someone who knows about property ownership documents if possible?

My dad did a will a few years back, and I understood that he had updated the title of their property to show that he and mum were ‘tenants in common’. His will suggests that he thought both he and my mum own 50% each of their house, and he intended for his 50% to be disposed of in a particular way if he were to go first, with a clause that she would live in the property as long as she liked until she wanted to sell.

He passed away a couple of years ago, and now my mum wants to sell the house. We never did probate at the time, but now I come to look, the land registry document actually says this:

Restriction - no disposition by a sole proprietor of the land(not being a trust corporation) under which capital money arises is to be registered except under an order of the registrar or of the court.

Both their names are on the title deed document, and there’s nothing to suggest a percentage owned. The above was updated around the time he did the will, so I’m not sure if what he did was correct for what he intended, is there anyone that understands this stuff that could clarify for me?

If it just passed to my mum automatically anyway, then it will make the sale of the property infinitely easier and more straightforward. I’m very grateful for any insight that anyone can offer here, we’re in the midst of a very difficult family bereavement which has prompted the sale, and I’m trying to make things easy as possible for her.

thank you in advance for any insight

Sorry, another thought. You mentioned that he died a couple of years ago. This is an important question, was it more or less than two years ago to the day?

If it was less than two years ago then you can apply for a Deed of Variation. What this does is to alter the Intestacy Rules to whatever works for your family (as long as everyone affected agrees). But it must be done withing two years of the death.

So, if you couldn't find the signed will, but everyone still wanted to follow the will then you can do this instead. This is an alternative to to submitting an unsigned will for probate but MUST be done within two years of the death.

If it is within the two year period and you want to go along with the will then I would suggest that you speak to a solicitor quickly.

@Another2Cats thank you again. Great to know some options. It was over two years ago unfortunately. Otherwise that would have worked - although we would have had the will then ironically so it wouldn’t have been necessary. I suppose that is why people keep wills with solicitors, so there can be no issues like this.

kavvYourselfAMerryLittleXmas - remember I’m posting solely with regards the property as registered in their joint names and with a form A restriction as per your original post.
You don’t need probate or letters of administration to deal with the property. Read Practice Guide 21 as linked previously as that explains how Mum can appoint someone to act with her on the sale. They then both take receipt of the purchase (capital) monies and distribute as appropriate.
Probate or Letters of Administration may be needed to deal with his estate but as the legal ownership doesn’t form part of that estate it’s not needed to deal with the property as explained.
Naturally you all want to find the will, ensure everyone is aware and on same page and also ensure that Mum can sell up/downsize and Dad’s wishes are honoured - it reads as if you have all that’s needed to achieve that and the sale can happen as explained

If anyone can about deeds.
I owned a property with my ex husband who has now passed away.he remarried and lived in our house.ive obtained a copy of the deeds and we are listed as proprietors.his present wife is living in the house but I can work out if we were joint tenants.there are restrictions on the deeds as not to my knowledge he created debt and restrictions have been created.if anyone can help answer if I have survivors rights to take back my house.
Many thanks

You need to start a fresh thread to get any advice

If you are registered as joint owners, and he has died, then the legal ownership is yours to deal with.
The register is not definitive as to whether you hold it as joint tenants or not but that relates to your beneficial ownership/shares
You refer to restrictions so they still impact
I’m unsure what you mean by ‘survivor’s rights’ but if he had debts and there are restrictions I’d recommend seeking legal advice as to what your legal rights/options are and similarly what rights his ex and/or creditors may have also