Buying house where family have LPA

Flugelhorn

the thing re estate agents is they somehow assume that whoever contacts them to put a house on the market , actually has the right to sell it. I have never been asked  for evidence. When I sold a house under probate, I offered the agent a copy of the grant- to demonstrate that I had to the right to do it - they seemed vaguely bemused but accepted it, suspect the view was that the solicitor was the one to check the right to sell

getmore4less

If you have access to the property EA will get on with the job. 

I doubt they even bother checking the land reg. 

AdrianC

GN2020 said:

Keep_pedalling said:

greatcrested said:

GN2020 said:

greatcrested said:

I'm surprised the POA has to be registered - my recollection from my own parents was that we could manage their affairs without registering it - but I'm not a lawyer!

More oncerning is the poor health. If the owner should die, the POA will immediateky lapse and it will be the Executers of the Estate(if there is a will) who would take over. May be the same people but the process is different and Probate would need to be granted before the sale could go ahead.

Apparently the POA has to be registered before they can legally sell her house. 

I was told there are some circumstances where it doesn’t need to be registered straight away but for a property sale, it has to be. 

Nothing is ever straight forward is it! 🙄

I’ve heard some horror stories about probate taking months and months! 

Just have to see where things are up to in the new year and go from there really. 

Ah! In our case it was the 'old style' POA befoe LPOA were introduced.

That would have been the old Enduring power of attorney (EPA). Lasting powers of attorney (LPA) replaced those and should always be registered from day one. It is the attorneys who are at fault over this one, quite how they have managed to look after the vendors affairs up to now without doing so is odd.

That’s what has me scratching my head.
How on earth have they been dealing with her financials if it’s not wholly legitimate?? 

Because the people who should be looking at the PoA haven't really done so, and don't understand what they should be looking at.

It's all fine while it goes smoothly, but if and when it goes south, it's going to be VERY messy for everybody involved.

GN2020

AdrianC said:

GN2020 said:

Keep_pedalling said:

greatcrested said:

GN2020 said:

greatcrested said:

I'm surprised the POA has to be registered - my recollection from my own parents was that we could manage their affairs without registering it - but I'm not a lawyer!

More oncerning is the poor health. If the owner should die, the POA will immediateky lapse and it will be the Executers of the Estate(if there is a will) who would take over. May be the same people but the process is different and Probate would need to be granted before the sale could go ahead.

Apparently the POA has to be registered before they can legally sell her house. 

I was told there are some circumstances where it doesn’t need to be registered straight away but for a property sale, it has to be. 

Nothing is ever straight forward is it! 🙄

I’ve heard some horror stories about probate taking months and months! 

Just have to see where things are up to in the new year and go from there really. 

Ah! In our case it was the 'old style' POA befoe LPOA were introduced.

That would have been the old Enduring power of attorney (EPA). Lasting powers of attorney (LPA) replaced those and should always be registered from day one. It is the attorneys who are at fault over this one, quite how they have managed to look after the vendors affairs up to now without doing so is odd.

That’s what has me scratching my head.
How on earth have they been dealing with her financials if it’s not wholly legitimate?? 

Because the people who should be looking at the PoA haven't really done so, and don't understand what they should be looking at.

It's all fine while it goes smoothly, but if and when it goes south, it's going to be VERY messy for everybody involved.

Which, having gone south now, has gotten messy. 

I’m gutted but trying to be calm and rational about it. 

GN2020

getmore4less said:

If you have access to the property EA will get on with the job. 

I doubt they even bother checking the land reg. 

It’s madness isn’t it, you’d think they have to check these things! 

GN2020

Flugelhorn said:

the thing re estate agents is they somehow assume that whoever contacts them to put a house on the market , actually has the right to sell it. I have never been asked  for evidence. When I sold a house under probate, I offered the agent a copy of the grant- to demonstrate that I had to the right to do it - they seemed vaguely bemused but accepted it, suspect the view was that the solicitor was the one to check the right to sell

When we sold my late fathers house they wanted every last scrap of paper to prove we were entitled to sell it. 

There’s clearly no consistency with what they’re asking for which is frustrating. 

badger09

Flugelhorn said:

the thing re estate agents is they somehow assume that whoever contacts them to put a house on the market , actually has the right to sell it. I have never been asked  for evidence. When I sold a house under probate, I offered the agent a copy of the grant- to demonstrate that I had to the right to do it - they seemed vaguely bemused but accepted it, suspect the view was that the solicitor was the one to check the right to sell

getmore4less said:

If you have access to the property EA will get on with the job. 

I doubt they even bother checking the land reg. 

I agree with both above comments.

I see the EA job as more on the lines of a dating agency. They introduce sellers to potential buyers to see if they both want the same thing. But, before the relationship gets too serious, they check that the potential buyer is able to take things further - in theory at least. If the buyer says they are divorced, they don't actually check the validity of the Degree Absolute. That is for the Registrar to do. Then they check in every now and again to see how things are progressing. At the end of the process, they claim their fee and everyone lives happily ever after

I'll get me coat

AdrianC

GN2020 said:

AdrianC said:

GN2020 said:

Keep_pedalling said:

greatcrested said:

GN2020 said:

greatcrested said:

I'm surprised the POA has to be registered - my recollection from my own parents was that we could manage their affairs without registering it - but I'm not a lawyer!

More oncerning is the poor health. If the owner should die, the POA will immediateky lapse and it will be the Executers of the Estate(if there is a will) who would take over. May be the same people but the process is different and Probate would need to be granted before the sale could go ahead.

Apparently the POA has to be registered before they can legally sell her house. 

I was told there are some circumstances where it doesn’t need to be registered straight away but for a property sale, it has to be. 

Nothing is ever straight forward is it! 🙄

I’ve heard some horror stories about probate taking months and months! 

Just have to see where things are up to in the new year and go from there really. 

Ah! In our case it was the 'old style' POA befoe LPOA were introduced.

That would have been the old Enduring power of attorney (EPA). Lasting powers of attorney (LPA) replaced those and should always be registered from day one. It is the attorneys who are at fault over this one, quite how they have managed to look after the vendors affairs up to now without doing so is odd.

That’s what has me scratching my head.
How on earth have they been dealing with her financials if it’s not wholly legitimate?? 

Because the people who should be looking at the PoA haven't really done so, and don't understand what they should be looking at.

It's all fine while it goes smoothly, but if and when it goes south, it's going to be VERY messy for everybody involved.

Which, having gone south now, has gotten messy. 

I’m gutted but trying to be calm and rational about it. 

Oh, no, this isn't "gone south"... This is just somebody doing what everybody should have been doing...

"Going south" would be another relative claiming the alleged attorneys were stealing from the person the PoA was over.

frogglet

GN2020 said:

Keep_pedalling said:

greatcrested said:

GN2020 said:

greatcrested said:

I'm surprised the POA has to be registered - my recollection from my own parents was that we could manage their affairs without registering it - but I'm not a lawyer!

More oncerning is the poor health. If the owner should die, the POA will immediateky lapse and it will be the Executers of the Estate(if there is a will) who would take over. May be the same people but the process is different and Probate would need to be granted before the sale could go ahead.

Apparently the POA has to be registered before they can legally sell her house. 

I was told there are some circumstances where it doesn’t need to be registered straight away but for a property sale, it has to be. 

Nothing is ever straight forward is it! 🙄

I’ve heard some horror stories about probate taking months and months! 

Just have to see where things are up to in the new year and go from there really. 

Ah! In our case it was the 'old style' POA befoe LPOA were introduced.

That would have been the old Enduring power of attorney (EPA). Lasting powers of attorney (LPA) replaced those and should always be registered from day one. It is the attorneys who are at fault over this one, quite how they have managed to look after the vendors affairs up to now without doing so is odd.

That’s what has me scratching my head.
How on earth have they been dealing with her financials if it’s not wholly legitimate?? 

The same way I did it without LPA.  If the transactions carry on as before the banks won't be aware. How would the bank know they are ill? 
The relatives just probably thought it was in order and did online banking and shopping on the relatives behalf. 

JJWSJS8700

davidmcn said:

This all assumes the owner doesn't still have capacity to sign stuff etc herself if need be - not sure whether you've been told that.

So does it need to be registered or not?