Land Registry has updated its guidance on devolution on the death of a registered proprietor to refer to a new form created to support applications to cancel form A restrictions.
Practice guide 6: Devolution on the death of a registered proprietor, specifies the evidence required for applications relating to the death of a registered proprietor. It deals with registered estates only.
Land Registry usually accepts a statutory declaration or statement of truth in form ST5 by the sole surviving proprietor as evidence. The evidence should show how they have become the sole beneficial owner by:
• explaining what has happened to the beneficial interest protected by the restriction;
• if it has devolved to the surviving proprietor, explaining how it has so devolved;
• confirming, if applicable, that no one other than the registered proprietor now has a beneficial interest in the property; and
• confirming, if applicable, that no beneficial interest in the property has been encumbered (other than by a charge which is also of the legal estate).
This now means Land Registry will accept a certificate, to the effect of a statutory declaration or statement of truth, from the conveyancer acting for the surviving proprietor, if they are able to speak from personal knowledge of the facts. A court order requiring the registrar to cancel the restriction may also be lodged.