The following Private Client Q&A Produced in partnership with Graham Stott of gunnercooke LLP provides comprehensive and up to date legal information covering:
An attorney under a Lasting Power of Attorney (Property & Financial Affairs) may decide on all any matters concerning the donor’s property so may sell the donor’s property or the donor’s share and interest in a property, provided that the donor has not restricted the attorney’s powers in the lasting power of attorney (LPA).
Under section 18(1)(b) of the Mental Capacity Act 2005, the Court of Protection may authorise the sale, exchange, charging, gift or other disposition of P’s property.
If the order appointing the deputies does not contain the necessary authority to effect a sale of P’
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Fraud by false representationFraud by false representation applies to a broader range of conduct than the offences under the preceding legislation (the Theft Act 1968 (TA 1968)). No gain or loss need actually be made, and no deception need operate on the mind of the deceived for the Fraud Act 2006
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The principles of the notarial act are that it is:•an act of the notary and not of the parties named in the document•a record of a fact, event or transaction•in the form of a document, notwithstanding the form of the underlying document, fact, event or transactionThe purpose of the notarial act is
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