Acting in transactions where the owner lacks mental capacity

When property sales and transactions go through probate, property practitioners are required to act by attorneys, deputies, executors, or trustees.

This online event will provide you with the basic principles of beneficial ownership, best practice in such transactions, including:

• Donor and client checks you would need to carry out, including whose ID you need for AML
• Enduring powers of attorney and Lasting powers of attorney – introduction, differences and limitations of powers
• Private sales, capacity and court of protection aspects
• Trust and probate matters – restrictions on title, identifying beneficial ownership and accounting to the correct beneficiaries in a probate or trust sale.

Speakers included:

• Fiona Heald, Court of Protection Senior Solicitor, Giles Wilson LLP and Member of the Law Society’s Property Section Advisory Committee
• Philip Askew, Partner, Stone King and Member of the Law Society’s Property Section Advisory Committee
• Sarah Cookson, Director & Solicitor, Switalskis Solicitors and Member of the Law Society’s Property Section Advisory Committee

This event took place on 26 January 2023.