Q&As

Where a property is owned as beneficial joint tenants and the first co-owner has lost capacity, will an order from the Court of Protection be required in order for the property to be sold? If the second co-owner has appointed a third party as their attorney and the second co-owner loses capacity, will this affect the ability to sell of the property? Would a deputyship order be appropriate in these circumstances?

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Published on LexisPSL on 21/06/2016

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

  • Where a property is owned as beneficial joint tenants and the first co-owner has lost capacity, will an order from the Court of Protection be required in order for the property to be sold? If the second co-owner has appointed a third party as their attorney and the second co-owner loses capacity, will this affect the ability to sell of the property? Would a deputyship order be appropriate in these circumstances?

You may find Lexis®PSL Property Practice Note: Buying land from trustees (including co-owners) helpful in relation to the sale of property by co-owners.

For further 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 make gifts, settle property and contract—Capacity to contract. See also the case of Sutton v Sutton which considered the capacity required to transf

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