Q&As

Where a contract does not require a recipient of a notice of rescission to sign or otherwise acknowledge the notice, is the notice (served in response to a failure to complete the sale of a property) still valid if it is served on someone who lacks capacity (and where there is no deputy or attorney appointed)?

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Published on LexisPSL on 01/04/2021

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

  • Where a contract does not require a recipient of a notice of rescission to sign or otherwise acknowledge the notice, is the notice (served in response to a failure to complete the sale of a property) still valid if it is served on someone who lacks capacity (and where there is no deputy or attorney appointed)?

The service of a notice to terminate a property sale contract on a mentally-incapacitated person (P) who does not have an attorney or deputy appointed to represent them should be capable of taking effect. However, the consequences of doing so should be considered. These include bringing or defending proceedings arising out of the terminat

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