What steps should I take if the Land Registry raises an issue with my probate property registration?

A Land Registry issue with a probate property registration is usually dealt with by answering a formal requisition, correcting the application or supplying evidence that proves the personal representative’s authority to deal with the property. The appropriate response depends on whether the problem concerns the title, the probate documents, an application form, identity checks, a restriction or another person’s interest in the property.

1. Establish exactly what the Land Registry is querying

Read the requisition or notice alongside the official copy of the title and the application submitted. Land Registry correspondence may identify a specific panel on form AP1, a missing document, an inconsistency in a name or an issue with the way the deceased owner’s interest is being dealt with. Avoid treating a general request for clarification as a rejection of the whole registration.

Check whether the notice relates to:

• the name or address of the deceased registered proprietor;
• the identity or authority of the executor or administrator;
• the grant of probate or letters of administration;
• the transfer, assent or other deed lodged with the application;
• a restriction, notice, charge, lease or covenant appearing on the title;
• the ownership structure, particularly where the deceased owned the property jointly; or
• inconsistencies between the application, supporting documents and the register.

2. Check who has authority to deal with the property

The correct evidence depends on the deceased owner’s circumstances. An executor will generally rely on the grant of probate, whereas an administrator will generally need letters of administration. If the grant has been amended, resealed or issued in another person’s name, the Land Registry may require the relevant version or additional evidence.

Joint ownership also needs careful treatment. Where the deceased held the property as a joint tenant, the surviving registered owner may be able to apply to remove the deceased’s name rather than register a transfer through the estate. Where the deceased held a distinct beneficial share, the process can be different, and a solicitor should confirm the appropriate application and evidence.

3. Compare every name and detail

Names must be consistent across the register, death certificate, grant, transfer or assent and identity evidence. Differences in spelling, initials, former names, addresses or the order of names can cause a requisition. Do not assume that an obvious typographical difference will be overlooked.

Where a name has changed or documents use different versions of a name, provide evidence explaining the difference. This might include a marriage certificate, deed poll or statutory declaration, depending on what the issue is and what evidence the Land Registry accepts. The explanation should connect the documents clearly rather than simply listing them.

4. Deal with restrictions and third-party interests

A restriction may require a certificate, consent, conveyancer’s confirmation or another prescribed step before a disposition can be registered. Examples include restrictions protecting a trust, a lender’s interest or another beneficiary. The wording on the register determines what must be supplied; a general statement that the estate has authority may not satisfy a restriction.

Also check for registered charges, leases, notices, cautions or agreements affecting the title. A sale or transfer may require a lender’s discharge, evidence of compliance or confirmation from a person with the benefit of an entry. If another beneficiary, creditor or co-owner has an interest, obtain legal advice before asserting that the estate can proceed without their involvement.

5. Correct the application in the right way

Some issues can be dealt with by providing a missing document or clarification. Others require an amended AP1, a replacement deed, a fresh certificate or a different application altogether. Do not make handwritten changes to a signed transfer or submit a new form without checking whether the original application should be amended, withdrawn or allowed to proceed.

The person lodging the application should confirm that any revised form matches the deed and supporting evidence. If a conveyancer submitted the original application, they will normally be best placed to decide how the correction should be presented and whether a further fee or identity verification is required.

6. Get specialist advice where the issue is substantive

Professional advice is particularly important if the requisition concerns a disputed will, missing beneficiaries, an intestacy, a trust, an unregistered part of the property, a name discrepancy that cannot be evidenced, or a restriction that appears inconsistent with the intended transaction. Probate advice and conveyancing advice overlap, but they are not interchangeable: resolving the estate’s authority does not necessarily resolve the requirements for changing the registered title.

If the property is being sold, tell the conveyancer dealing with the sale about the requisition. A buyer’s solicitor may ask for evidence that the seller has authority to transfer the legal estate, and unresolved title points can prevent completion or delay registration after completion. A cash purchaser may still require satisfactory evidence of title and authority.

7. Monitor the application after the response

Keep a complete file containing the requisition, the response, revised forms, evidence submitted and proof of delivery. Check that any later correspondence refers to the correct title number and application. If the Land Registry raises a further point, treat it as a separate requirement and answer it precisely rather than resending the same documents without explanation.

If the requirement cannot be met, ask the conveyancer to explain the available options. These may include supplying alternative evidence, correcting the underlying deed, making a different application or challenging the requirement through the Land Registry’s formal procedures. An unresolved requisition can lead to the application being cancelled, so it should not be ignored or left until the transaction is close to completion.

Once the issue has been resolved, obtain an updated copy of the register and compare it with the intended ownership position. Check the registered proprietors, title number, charges, restrictions and any entries relating to the estate. If the register still does not reflect the transaction, report the discrepancy promptly rather than assuming that the Land Registry has made the intended change.