Q&As

A and B own a property jointly and B wishes to purchase A’s share at market value, as determined by a surveyor. A has lost capacity and B is A’s sole attorney for property and financial affairs under a registered LPA. Can B sign the property transfer as co-owner of their share and as attorney for A’s share, or does B need to appoint another trustee?

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Published on LexisPSL on 12/04/2018

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

  • A and B own a property jointly and B wishes to purchase A’s share at market value, as determined by a surveyor. A has lost capacity and B is A’s sole attorney for property and financial affairs under a registered LPA. Can B sign the property transfer as co-owner of their share and as attorney for A’s share, or does B need to appoint another trustee?

The following Q&A addresses this question: Is a sole LPA attorney permitted to purchase real property from the donor where the donor la

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