Q&As

A, B and C (A’s spouse) are joint registered owners of a property. A intends to apply to the CoP to be appointed as B’s deputy. Can A and C together validly execute any documents relating to the sale of the property, or is it necessary to appoint a third party in order to protect B’s interests?

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Published on LexisPSL on 18/12/2019

The following Private Client Q&A provides comprehensive and up to date legal information covering:

  • A, B and C (A’s spouse) are joint registered owners of a property. A intends to apply to the CoP to be appointed as B’s deputy. Can A and C together validly execute any documents relating to the sale of the property, or is it necessary to appoint a third party in order to protect B’s interests?

Although A is intending to apply to be appointed as B’s deputy, this appointment will not provide A with the authority to act as a trustee on B’s behalf in relation to the sale of the property. A separate application should be made under section 36(9) of the Trustee Act 1925 for permission for A and C to appoint A, or in the alternative a third party, D, to act as trustee in B’s place. The court will then consider the application and decide whether to appoint A or, if it considers there to be a conflict of interest, appoint D as trustee for B.

The application should be made by COP 1, together with COP 1D (supporting

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