Q&As

What is the procedure where a person who lacks capacity wishes to sell property that they co-own with another person?

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Published on LexisPSL on 20/12/2017

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

  • What is the procedure where a person who lacks capacity wishes to sell property that they co-own with another person?

We assume that the co-owner also wishes to sell the property.

For information on the level of capacity required to sell a property, see Practice Note: Capacity to make gifts, settle property and contract, in particular the section entitled Capacity to contract. See also the case of Sutton v Sutton which considered the capacity required to trans

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