The Land Registration Rules 2003

Transfer by a personal representative E+W

162.— [F1 (1) An application to register a transfer by a personal representative, who is not already registered as proprietor, must be accompanied by—

(a) the original grant of probate of the deceased proprietor and, where section 7 of the Administration of [F2 Estates] Act 1925 applies, the original grant of probate showing the chain of representation, to prove that the transferor is his personal representative,

(b) the original letters of administration of the deceased proprietor showing the transferor as his personal representative,

(c) a court order appointing the transferor as the deceased’s personal representative, or

(d) (where a conveyancer is acting for the applicant) a certificate given by a conveyancer that the conveyancer holds the original or a certified or office copy of such grant of probate, letters of administration or court order.]

(2) The registrar shall not be under a duty to investigate the reasons a transfer of registered land by a personal representative of a deceased sole proprietor or last surviving joint proprietor is made nor to 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 representative is acting correctly and within his powers.

Textual Amendments

F1 Rule 162(1) substituted (10.11.2008) by The Land Registration (Amendment) Rules 2008 (S.I. 2008/1919), rule 2(1), Sch. 1 para. 51 (with rule 5)

F2 Word in rule 162(1)(a) substituted (6.4.2018) by The Land Registration (Amendment) Rules 2018 (S.I. 2018/70), rule 1, Sch. 1 para. 27