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Selling Property as a Deputy

nathan_1

New member
Jun 29, 2020
4
Hi,

My mother has recently moved into a care home full time and I'm applying for a Deputyship to manage her finances and sell her empty home to cover her care fees.

She owned her home outright as a Joint Tenant with my father, but he passed away recently, so I've applied to remove his name from the Land Registry.

Do I need to make another Application to COP to be made a Trustee to sell the house, or could I just request for this permission in the regular Finances application and save £365!?

Also, if I did have to make a Trustee application, should I mention selling the home in the Finances application?

I've read so many mixed views on it.
I've heard the COP helpline is helpful, but they're not answering due to COVID19 understaffing, and when they reply to emails, it's weeks later with half answers. Really hoping someone has been through it and can advise!

Thanks.
 

canary

Registered User
Feb 25, 2014
12,856
South coast
I was deputy for my mum who owned her bungalow outright. I did not need to apply for trustee, but just requested the authority to sell her property in the original application.

If your dad were still alive you would need a trustee, but as he is not, you dont need it. Im assuming here, that your dad left his share of the property to your mum. Obviously if someone else now owns part of the property then you would need trustee
 

blueorchid

Registered User
Feb 18, 2016
40
I'm going through the same process and my understanding is that with property and finance deputyship you can sell the house. However I'm seeking clarification with my solicitor. Someone else mentioned a trustee application (which I'd not heard of) on another thread of mine but another poster said it was a separate application and not relevant. I feel like I'm completely winging this and I'm worried I'm going to come a cropper at some point.
 

nitram

Registered User
Apr 6, 2011
20,601
North Manchester
As the property was owned as joint tenants ,on the death of you father your mother became sole owner outside of any will

When the Land Registry change is completed she will be registered as sole owner.

You can then use your deputyship to sell the property, just make sure that the authority to do this is applied for in the deputy application,
 
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canary

Registered User
Feb 25, 2014
12,856
South coast
Someone else mentioned a trustee application (which I'd not heard of) on another thread of mine but another poster said it was a separate application and not relevant.
Does the property that you want to sell belong entirely to the person that you want to be deputy for? If so, you do not need to do anything about applying to be a trustee - all you need to do is request the authority to sell the property in the initial application to the Court of Protection for deputyship.

Its when you want to sell a property that is jointly owned that you need to apply for trustee. Its a separate application, but (I believe) can be done in tandem with the application for deputyship. As I didnt have to do that I dont know much more about it, Im afraid.
 

nitram

Registered User
Apr 6, 2011
20,601
North Manchester
Its when you want to sell a property that is jointly owned that you need to apply for trustee.
Only if the owner has lost capacity, all jointly owned land must be owned under a trust and owners are trustees, if a person looses capacity they cannot be a trustee and a replacement has to be appointed.
 
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nathan_1

New member
Jun 29, 2020
4
I'm going through the same process and my understanding is that with property and finance deputyship you can sell the house. However I'm seeking clarification with my solicitor. Someone else mentioned a trustee application (which I'd not heard of) on another thread of mine but another poster said it was a separate application and not relevant. I feel like I'm completely winging this and I'm worried I'm going to come a cropper at some point.
I feel for you. I feel the same! Hoping it works out for you without too much hassle. If there is a stumbling block I'd really appreciate a nudge, as I'll probably hit it too! Best of luck!
 

nathan_1

New member
Jun 29, 2020
4
I was deputy for my mum who owned her bungalow outright. I did not need to apply for trustee, but just requested the authority to sell her property in the original application.

If your dad were still alive you would need a trustee, but as he is not, you dont need it. Im assuming here, that your dad left his share of the property to your mum. Obviously if someone else now owns part of the property then you would need trustee
That's encouraging. Thank you. I believe my mum automatically inherited the house through Survivorship as they were Joint Tenants, rather than Tenants in Common.
 

nathan_1

New member
Jun 29, 2020
4
As the property was owned as joint tenants ,on the death of you father your mother became sole owner outside of any will

When the Land Registry change is completed she will be registered as sole owner.

You can then use your deputyship to sell the property, just make sure that the authority to do this is applied for in the deputy application,
That is what I assumed/hope for! Thanks for that.
 

blueorchid

Registered User
Feb 18, 2016
40
I feel for you. I feel the same! Hoping it works out for you without too much hassle. If there is a stumbling block I'd really appreciate a nudge, as I'll probably hit it too! Best of luck!
Yes, of course. Could do with a really good flow chart to be honest!!