The Land Registration Rules 2003

Transfer on the death of the tenant for life

12.—(1) Where the settlement continues after the death of the proprietor who was the tenant for life—

(a) an application to register a transfer by the personal representatives to the person next entitled to the registered land which is settled land must be accompanied by—

(i) if the personal representatives are not already registered, the grant of probate or letters of administration of the deceased proprietor limited to the settled land,

(ii) a transfer in Form AS1 or AS2, as appropriate,

(iii) an application for entry of a restriction in Form G or H, as appropriate.

(b) The transfer must contain the following provisions with any necessary alterations or additions—

“The Personal Representatives and the Transferee declare that—

a. the Property is vested in the Transferee upon the trusts declared in [a trust deed dated (date) and made between (parties)] or [the will of (name of deceased) proved on (date)],

b. the trustees of the settlement are (names of trustees),

c. the power of appointment of new trustees is vested in (name),

d. the following powers relating to land are expressly conferred by the will in addition to those conferred by the Settled Land Act 1925: (set out additional powers).”.

(2) Where the settlement ends on the death of the proprietor, an application to register a transfer by the personal representatives to the person entitled must be accompanied by—

(a) if the personal representatives are not already registered, the grant of probate or letters of administration of the deceased proprietor,

(b) Form RX3 for cancellation of the restriction entered on the register relating to the settlement.

(3) The registrar shall not be under a duty to investigate the reasons any transfer is made by the personal representatives or consider the contents of the will and, provided the terms of any restriction on the register are complied with, he must assume, whether he knows of the terms of the will or not, that the personal representatives are acting correctly and within their powers.