Q&As

A has inherited a share of their parents' property subject to a life interest granted to the surviving parent. A is also the executor: does A need to take steps to register their new interest?

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Published on LexisPSL on 18/04/2017

The following Wills & Probate Q&A provides comprehensive and up to date legal information covering:

  • A has inherited a share of their parents' property subject to a life interest granted to the surviving parent. A is also the executor: does A need to take steps to register their new interest?

See Practice Note: Land registration—protecting beneficial interests, which notes that an interest under a trust of land can only be protected by a restriction. A restriction makes it apparent from the register that either:

  1. the powers of the relevant proprietor are limited, or

  2. a condition must be met before a disposition can be registered

Where there is a restriction in the register it prevents the registration of any disposition of the registered estate or charge except in accordance with the terms of that restriction.

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