Solicitor requiring DJP completion before exchange - is this necessary?

[kites44]

Situation: Buying a property where both previous owners (tenants in common, Form A restriction) have died. Executors have grants of probate and are selling.

The Issue: Our solicitor insists a Land Registry DJP application (noting deaths and dealing with the restriction) must complete before exchange. She won't proceed without it, citing concerns about registering our ownership and lender's charge. This could take 20 weeks (or 10 days if expedited).

Seller's solicitor says this isn't legally required - executors have automatic authority under Administration of Estates Act 1925 and Trustee Act 1925. Death certificates/probate should be sufficient to satisfy the restriction.

What I've Found:

• UK Finance Handbook Section 5.2.1 specifically exempts "personal representatives" from normal requirements
• Our lender (Nationwide) defers to the Handbook
• Our solicitor won't cite specific legal requirements, just vague warnings about "difficulties"

Questions:

1. Is DJP completion legally/professionally required with a Form A restriction, or overly cautious?
2. Can executors with probate satisfy the restriction without updating Land Registry title first?
3. What registration problem would actually arise?
4. If the application is submitted, can we complete without waiting?

Facing a potential 4-5 month delay. Any conveyancing insights appreciated!

[atticus]

Whose executors are selling? Both joint owners, or just one?

[kites44]

Hi! Both owners have died. The first owner died (survivor became sole legal owner subject to the Form A restriction). Then the survivor died. The survivor’s executors (with grants of probate) are selling the property.

[atticus]

The problem appears to be that title was not transferred into the sole name of your seller on the death of the first of the joint owners.

I think your solicitor is right. The seller's lawyers should have attended to this.