Ordinary powers of attorney

View Private Client by content type:

News

Practice notes

Precedents

Q&As

Latest Private Client News

Administration of estates; Beddoe relief granted to executor

The following Private Client news provides comprehensive and up to date legal information on Administration of estates; Beddoe relief granted to executor

No costs protection after late withdrawal of Will challenge (Goodwin v Avison)

The following Wills & Probate news provides comprehensive and up to date legal information on No costs protection after late withdrawal of Will challenge (Goodwin v Avison)

HMRC settles US$1bn General Electric tax fraud lawsuit

The following Private Client news provides comprehensive and up to date legal information on HMRC settles US$1bn General Electric tax fraud lawsuit

Private Client weekly highlights—16 September 2021

The following Private Client news provides comprehensive and up to date legal information on Private Client weekly highlights—16 September 2021

Featured Private Client content

Notaries and notarisation—notarisation

Notaries and notarisation—notarisationThe principles of the notarial act are that it is:•an act of the notary and not of the parties named in the...

Beddoe applications

Beddoe applicationsWhen trustees are engaged in trust litigation, issues often arise as to how their litigation costs are to be funded. A Beddoe...

When can a mistake in an executed deed be rectified by a manuscript amendment rather than by a deed of rectification?

When can a mistake in an executed deed be rectified by a manuscript amendment rather than by a deed of rectification?This Q&A explains when it is...

Trustees—removal of trustees

Trustees—removal of trusteesA trustee may be removed against their will in any of the following ways:•under an express power in the trust...

Precedents

Partial deed of revocation of lasting power of attorney

This partial deed of revocation is made on [date] by [donor] of [address].1I granted a Lasting Power of Attorney for [Financial Decisions/Health and...

19th May

Precedents

Deed of revocation of ordinary power of attorney

This Deed OF REVOCATION is made on [date] by me [name of donor] of [address of donor].This Deed provides:1Revocation...

19th May

Practice notes

Trustees—statutory powers of trustees

Trustees—statutory powers of trusteesSource and availabilitySourcesTrustees have certain powers conferred on them by statute, in particular by the...

19th May

Q&As

At what stage and to whom can a Deed of Appropriation take place when selling a second property in an estate?

At what stage and to whom can a Deed of Appropriation take place when selling a second property in an estate?We assume you refer to the situation when...

19th May

Practice notes

Creation of trusts—blind trusts

Creation of trusts—blind trustsWhat is a blind trust?A blind trust is a trust that is aimed at preventing conflicts of interest arising. Usually, the...

Produced in partnership with Michael O’Sullivan of 5 Stone Buildings 19th May

Practice notes

The Cy-près doctrine

The Cy-près doctrineFORTHCOMING CHANGE: On 22 March 2021, the government published its response to the Law Commission’s report of 14 September 2017,...

19th May

Practice notes

Relief for income tax losses

Relief for income tax lossesReliefs entitle taxpayers to reduce the amount of income tax payable. When calculating liability to income tax, a taxpayer...

19th May

Practice notes

Assessment for residential accommodation

Assessment for residential accommodationCoronavirus (COVID-19): The content of this Practice Note is temporarily affected by the coronavirus...

19th May

Q&As

Can a life tenant in a Will bring a life interest to an end by choosing to end it themselves or does it only expire on death?

Can a life tenant in a Will bring a life interest to an end by choosing to end it themselves or does it only expire on death?Life tenantsA life...

Produced in partnership with Lynne Counsell of 9 Stone Buildings 19th May

Practice notes

Capacity to litigate

Capacity to litigateOn the face of it, there would appear to be no specific impediment, if there is no reason to suppose that a person is without...

19th May

Practice notes

Termination of trusts—methods of termination

Termination of trusts—methods of terminationDuration of a trustThe duration of an express trust is subject to the restrictions imposed by the rules...

19th May

Practice notes

Costs and expenses in the Court of Protection

Costs and expenses in the Court of ProtectionThere are court fees and disbursements which will be payable by all applicants on making a new...

19th May

Practice notes

Acceptance in Lieu scheme and other heritage property reliefs

Acceptance in Lieu scheme and other heritage property reliefsSTOP PRESS: HMRC has updated its guidance on calculating the special price in Acceptance...

19th May

Practice notes

Trustees—self-dealing, unauthorised profits and conflicts of interest

Trustees—self-dealing, unauthorised profits and conflicts of interestThe self-dealing ruleThe self-dealing rule is connected to, but distinct from,...

19th May

Practice notes

Offshore trusts—offshore income gains (OIGs)

Offshore trusts—offshore income gains (OIGs)Offshore income gains (OIGs) are gains realised on the disposal of interests in offshore funds which are...

19th May

Practice notes

Trust disputes—court jurisdiction and procedure

Trust disputes—court jurisdiction and procedureTrust litigation has been classified as being of three types:•a dispute as to the trusts on which...

19th May

Most recent Ordinary powers of attorney content

Q&As

Does the attorney in a power of attorney need to be specifically named, or if granting a power of attorney to multiple and changing personnel, can a power of attorney be granted to 'all those listed in the document appended to this power of attorney'?

Does the attorney in a power of attorney need to be specifically named, or if granting a power of attorney to multiple and changing personnel, can a...

9th Sep

Q&As

Can a power of attorney lapse or expire or does it last indefinitely? Does it need to be updated or 'refreshed'?

Can a power of attorney lapse or expire or does it last indefinitely? Does it need to be updated or 'refreshed'?Lasting powers of attorneyIn contrast...

9th Sep

Practice notes

Execution formalities—under a power of attorney

Execution formalities—under a power of attorneyThis Practice Note provides practical guidance on the proper execution of simple contracts and deeds by...

9th Sep

In-house

Q&As

Can a person acting under an ordinary power of attorney resign the directorship of the principal who granted the power?

Can a person acting under an ordinary power of attorney resign the directorship of the principal who granted the power? The issue in this Q&A is...

Produced in partnership with Lynne Counsell of 9 Stone Buildings 9th Sep

Q&As

Can an ordinary power of attorney be expressed to cover a period before the date that the deed creating the power of attorney was executed if that is the intention of all parties?

Can an ordinary power of attorney be expressed to cover a period before the date that the deed creating the power of attorney was executed if that is...

8th Sep

Practice notes

Ordinary powers of attorney

Ordinary powers of attorneyAn ordinary power of attorney is a basic document that gives the attorney the power to deal with the donor’s financial...

15th Aug

Q&As

Do ordinary powers of attorney automatically come to an end if the donor becomes mentally incapacitated?

Do ordinary powers of attorney automatically come to an end if the donor becomes mentally incapacitated?Practice Note: Ordinary powers of attorney...

15th Aug

Q&As

How long is a general power of attorney valid for?

How long is a general power of attorney valid for?A general power of attorney is a basic document that gives the attorney the power to deal with the...

15th Aug

Q&As

Can an limited liability partnership grant a general power of attorney to a non-member or is the member required to execute a general power of attorney?

Can an limited liability partnership grant a general power of attorney to a non-member or is the member required to execute a general power of...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 15th Aug

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?

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...

15th Aug

Q&As

Can an executor of an estate appoint someone (say a solicitor) under a general power of attorney to sign the TR1 to complete the sale of the deceased's property? If so, what is the authority for this?

Can an executor of an estate appoint someone (say a solicitor) under a general power of attorney to sign the TR1 to complete the sale of the...

Produced in partnership with Helen Galley of XXIV Old Buildings 15th Aug

Q&As

A property which is being sold by attorneys on behalf of the legal owners is being purchased. There are two section 25 of the Trustee Act 1925 powers of attorney, one for each legal owner. One power of attorney appoints an individual and the second appoints a Limited Company. Can a limited company be appointed as an attorney for this purpose?

A property which is being sold by attorneys on behalf of the legal owners is being purchased. There are two section 25 of the Trustee Act 1925 powers...

15th Aug

Q&As

Is the sole owner and occupier of a house able to appoint attorneys under a general power of attorney to sell the donor’s house? Is the owner's consent required? Can the attorneys be appointed either jointly or jointly and severally?

Is the sole owner and occupier of a house able to appoint attorneys under a general power of attorney to sell the donor’s house? Is the owner's...

15th Aug

Q&As

When drafting an Ordinary Power of Attorney specifically in relation to operation of a donor’s business, do the general powers under section 10 of the Powers of Attorney Act 1971 cover any type of decision to be made about the business (eg employment of staff or dealing with the lease of the business premises) or should these be included as separate clauses?

When drafting an Ordinary Power of Attorney specifically in relation to operation of a donor’s business, do the general powers under section 10 of the...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 15th Aug

Q&As

How long is an ordinary power of attorney valid for?

How long is an ordinary power of attorney valid for?An ordinary power of attorney gives the attorney the power to deal with the donor’s financial...

15th Aug

Q&As

Does an attorney under a Financial Lasting Power of Attorney or any other type of power of attorney have power to purchase property on behalf of the donor?

Does an attorney under a Financial Lasting Power of Attorney or any other type of power of attorney have power to purchase property on behalf of the...

15th Aug

Q&As

A lease was signed by an individual buyer and a power of attorney. The power of attorney is an attorney for a company. The company has regional divisions and there is a power of attorney for each of these. The power of attorney who signed was from the incorrect division for the property. What is the status of the lease is and does anything need to be done to resolve this?

A lease was signed by an individual buyer and a power of attorney. The power of attorney is an attorney for a company. The company has regional...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 15th Aug

Q&As

Can a bankrupt individual be appointed as an attorney pursuant to a power of attorney? Does it make a difference if they are a discharged or undischarged bankrupt?

Can a bankrupt individual be appointed as an attorney pursuant to a power of attorney? Does it make a difference if they are a discharged or...

15th Aug

Precedents

Trustee power of attorney under Trustee Act 1925, section 25

Trustee power of attorney under Trustee Act 1925, section 25THIS POWER OF ATTORNEY is given on [date] by me [name of donor] of [address of donor].This...

15th Aug

Precedents

Appropriate statement by attorney pursuant to Trustee Delegation Act 1999

Appropriate statement by attorney pursuant to Trustee Delegation Act 1999I [insert full name of attorney] of [insert address of attorney] make the...

15th Aug

Ordinary powers of attorney

View Private Client by content type:

Latest Private Client News

Administration of estates; Beddoe relief granted to executor

No costs protection after late withdrawal of Will challenge (Goodwin v Avison)

HMRC settles US$1bn General Electric tax fraud lawsuit

Private Client weekly highlights—16 September 2021

Featured Private Client content

Notaries and notarisation—notarisation

Beddoe applications

When can a mistake in an executed deed be rectified by a manuscript amendment rather than by a deed of rectification?

Trustees—removal of trustees

Most recent Ordinary powers of attorney content

Popular documents

Medco

Joint, several, and joint and several liability

Tort—the different types of tort

Section 26 notice—Tenant’s request for a new business tenancy under LTA 1954

Contact Us

Popular Links

Policies

Follow us