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Thomas
Thomas, Solicitor
Category: UK Family Law
Satisfied Customers: 7533
Experience:  BA (Hons), PgDip, Practising Solicitor
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Previous to suffering with demensia two elderly relatives signed

Resolved Question:

Previous to suffering with demensia two elderly relatives signed a document stateing that they wished to give the family home away. Some time after this both parties were individually assesed by social services to confirm that they were able to fully understand and were capable of making decisions. At that time we applied for Lasting Power of Attorney (also witnessed by social services) which will be granted on 15.8.11. At that time may we go ahead with the transfer? The property would be sold and the proceeds divided according to their wishes. Both have liquid assets and therefore can afford nursing home fees should they become necessary.
Submitted: 5 years ago.
Category: UK Family Law
Expert:  Thomas replied 5 years ago.
Hi,

Thanks for your question.

The Land Registry must receive an application to alter the registered title to the property to effect the transfer. In order for this to be valid they would required sight of the registered LPA, so you would not be able to execute the Land Registry transfer Form (TR1 if transferring the whole of the registered title) without first having received the LPA.

Once the LPA is received the attorneys can draft and execute the TR1 form with the transferees.

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Kind regards,


Tom
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Customer: replied 5 years ago.
Does it matter if the passage relating to the transfer of the property is included in the last will and testament of both parties? Also, once we receive power of attorny will we be able to issue the £3000 p.a. as described under the gift allowance?
Expert:  Thomas replied 5 years ago.
Hi,

If there is a bequest in their Wills relating to the property then it simply means that this bequest will fail following transfer because the gift property would no longer exist (ie. because it has been transferred out of the estate).

I'm afraid I do not know about the gift allowance off the top of my head and I'm out of the office at the present time.

Kind regards,

Tom
Customer: replied 5 years ago.
The exempt gift allowance is £3000 p.a. My question relates to my position as LPA which states that all movements of finance from the persons estate must be seen as being within the persons interest. Would this be acceptable by the office of the public guardian?
Expert:  Thomas replied 5 years ago.
Hi,

It's a bit of a subjective question because it would depend upon the person's specific estate and how big it is. If they have sufficient funds to meet their welfare needs for the rest of their life then it could be said to be in their interest with a view to good estate planning, yes.

Kind regards,

Tom
Customer: replied 5 years ago.
If a will document includes wishes that (under certain circumstances) the testator wishes to be carried out prior do death will that document be accepted as proof of their wishes when eventually applying for probate?
Expert:  Thomas replied 5 years ago.
Sorry, for what - giving gifts away OR the transfer of the property?
Customer: replied 5 years ago.
The transfer of property.
Expert:  Thomas replied 5 years ago.
No, the Will is not proof of their wishes to give the property away in their lifetime, it's proof of what they wished to happen when they die at the time of making the Will.

THe document you refer to in your original question post is more appropriate evidence but in any event it is a question of what is in the best interest of the donors NOW.

Kind regards,

Tom

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