IOU to Discretionary Trust: Land Registry entry

[mab4bh]

My father died recently, leaving his estate to a Discretionary Trust. My mother has signed an IOU to the Trust for the amount of my father’s estate, which includes the value of his half share of the house. We have to change the entry in the Land Registry to remove my father’s name, leaving my mother as sole proprietor, and including a Restriction that she cannot sell the house without the permission of the Trustees. The current Restriction in the Land Register (which I believe is standard wording for Tenants in Common) says that: “No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court”. Would this wording cover my mother not being allowed to sell without Trust permission? If not, what wording would be appropriate for a new Restriction?

[Lee Young]

The restriction should not allow a sale without the consent of the trustees of your father's will trust. Its a standard form restriction costing £50 to lodge against the title.

[mab4bh]

Thank you very much, Lee. I've looked at the list of Land Registry Standard restrictions, and the nearest seems to be "Form A (Restriction on dispositions by sole proprietor) - No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court". Is this right? If so, it's what the Land Registry says at the moment, so we wouldn't need to change it.
Many thanks,
Margaret

[Lee Young]

The appropriate restriction to chose is form N.

[mab4bh]

Thank you so much. You have been most helpful.