Manchester Conveyancing Solicitors | Ford Banks Irwin Solicitors

Manchester Conveyancing Solicitors | Ford Banks Irwin Solicitors - The Property Lawyers in Manchester on Transfer, Equity and Trusts of Land

Please note: Not to be used or relied upon without legal advice. These notes are for illustrative purposes ONLY.

. . . continued from page 6

Private Trusts of Land / Property

Standard Form Restrictions:

The form C restriction - where the powers of a personal representative are limited:

Its Purpose and Wording:
The wording of this restriction which applies to personal representatives, is as follows:

'No disposition by the personal representatives of [name] deceased, other than a transfer by way of assent, is to be registered unless such personal representative makes a statutory declaration or statement of truth, or their Conveyancer gives a certificate, that the disposition is in accordance with the terms of [choose whichever clause is appropriate]
- the Will of the deceased [as varied by [specify date of, and parties to, deed of variation or other appropriate details]]
- the law relating to intestacy as varied by [specify date of, and parties to, deed of variation or other appropriate details]
or some [further] variation thereof referred to in the declaration, statement or certificate, or is necessary for the purposes of administration'

For the purpose of exercising their functions as trustees, and without prejudice to their functions for the purposes of administration, TLATA confers on personal representatives all the powers of an absolute owner (section 6(1) and 18 Trusts of Land and Appointment of Trustees Act).

However, under sections 8 and 18 TLATA, the powers of the personal representatives can be limited by provisions contained in the Will of the deceased or in a deed of variation or family arrangement. Any such limitation needs to be reflected by a restriction on the register (Property Title Deeds) in order to protect the rights of the beneficiaries. In the absence of a restriction, Property Lawyers and Conveyancing Solicitors for a Purchaser of a registered estate from trustees should not need to see that the terms of the Will or deed have been complied with (section 26 Land Registration Act 2002).

When must personal representatives apply for a Form C restriction?

A personal representative of a deceased person who holds a registered estate on a trust of Land / Property arising under the deceased's Will, or on intestacy, and whose powers are limited under section 8 TLATA, should instruct Property Lawyers and Conveyancing Solicitors to apply for a Form C restriction. This is in addition to any form A restriction that may be required.

An application by Property Lawyers and Conveyancing Solicitors for one of two or more personal representatives satisfies the requirement to apply, although such an application such be made as an application by a person with sufficient interest in making of the entry and be accompanied by evidence of that interest.

When may a beneficiary apply for a Form C restriction?

If the personal representatives fail to apply for the restriction when they should, any person interested in the the due administration of the estate may instruct Property Lawyers and Conveyancing Solicitors to do so.

What wording should be used for a Form C restriction?

Property Lawyers and Conveyancing Solicitors may apply for a restriction in form C with such alterations to the bracketed words as are necessary to fit the circumstances.

As with form B, the restriction contains the qualifying words 'unless such personal representative makes a statutory declaration or statement of truth, or their Conveyancer gives a certificate, that the disposition in in accordance with . . .' The purpose of this is to allow the restriction to reflect the terms of the Will or deed concerned without requiring the Registrar to consider those terms or whether they have been complied with.

The normal way of complying with the restriction will be to supply a certificate by the personal representative's Conveyancer. A statutory declaration or statement of truth will only be needed if the Conveyancer is unwilling to give a certificate for any reason, or no Conveyancer is acting.

(All italics in this page are Crown Copyright and reproduced here for your information with permission from HM Land Registry)

. . continued on page 8 (Property Lawyers and Conveyancing Solicitors in Manchester - Transfer, Equity and Trusts of Land page 8)

Please telephone Paul on 0161 866 8999 if you require any further information.

Ford Banks Irwin Solicitors
50 Stothard Road
Stretford
Manchester
M32 9HB

Tel: 0161 866 8999
Fax: 0161 866 8333
E-mail: info@FordBanksIrwinSolicitors.co.uk

Or you can use the ENQUIRY FORM (click here).

(you may need to press control 'Ctrl' button on your keyboard when clicking on the enquiry form link if you have a pop up blocker active)

Manchester City Centre Serviced Office - Conference rooms are also available by prior appointment at:
Manchester Conveyancing Solicitors | Ford Banks Irwin Solicitors
Pall Mall Court
King Street
Manchester
M2 4PD

Tel: 0161 866 8574

What our Clients say about us:

"Again, many thanks for your help. I would recommend your service to anybody who is about to purchase a property" . . . Professor J. Kang (Manchester Business School)

"We will be delighted to recommend you and your firm. Your service has been first class, prompt, accurate and exceptional value" . . . Jason Cotterrell (Commercial Director, CBS Outdoor Limited)

". . . extremely thorough, professional and helpful . . . We would not hesitate to recommend you to anyone looking to purchase / sell a property" . . . Dr L. Hampson (St. Marys Hospital, Manchester)

“. . . a refreshing approach . . . thank you”

“. . . excellent value for money . . .”

Please telephone 0161 866 8999 for a free quote.

FORD BANKS IRWIN

Site menu:

Latest News: Solicitors in Altrincham and Lymm - Ford Banks Irwin Solicitors to open a new office in Altrincham and Lymm soon:

Manchester Conveyancing Solicitors | Ford Banks Irwin Solicitors - The Property Lawyers in Manchester on Transfer, Equity and Trusts of Land