Solicitors

[scarletpauline]

We went to see the solicitor today about getting our wills changed to tenants in common but Jack didn't pass her questions, apparently he didn't know his year of birth. He was nervous as the solicitor sent me out of the room because afterwards he knew it when I asked him outside! So he has to see our doctor who has to pass him as fit to sign for himself (something like that) and we can't do the LPE till then either. Let's hope he is more relaxed with our GP. It will be after our holiday now though. We go 6th to 15th September. Love Pauline x

 

[Skye]

Oh, that's hard, Pauline. I know they have to be sure everyone understands what they are signing though.

Hopefully Jack will be more relaxed with his own doctor. Why not ask if the doctor will visit? Or even the solicitor? I know they will do that, and there's so much less pressure at home.

Anyway, don't worry about it till after your holiday. I'm sure there will be a way round it if Jack is OK when not stressed. I know John used to go to pieces completely in the mmse.

Love,

 

[scarletpauline]

Aww thanks Skye, yes I think the doctor will visit him at home, and he will be better then. If I could be with him he would be more confident. But apparently I'm not allowed, not sure if that applies to when he sees our doctor though.

 

[Skye]

I don't see why not, provided you don't prompt him. I was with John when we did ours, and i was holding my breath for him to give the right answers. I'm sure he wouldn't have managed it if I hadn't been there.

 

[scarletpauline]

Was this when he saw the solicitor or did he have to see the doctor? I wonder if it's new legislation that the carer can't be in the room. Love Pauline x

 

[Grannie G]

I was with Dhiren when the solicitor drew up our mutual EPAs Pauline.

 

[jenniferpa]

But I wasn't when Mummy did hers. I do think it varies by solicitor.

 

[Vonny]

Hi Pauline,

To change the house to tenants in common, the other party does not need to be in "full possession" of faculties, but they do to be to agree to LPA.

All dad had to do was to show mum the document severing the joint tenancy. She didn't have to sign or agree to anything, it was enough that she had been shown the document.

An LPA though was out of the question since she couldn't indicate whether or not she understood.

All of the above was done through a solicitor.

Vonny xx

 

[Izzy]

I was with Dhiren when the solicitor drew up our mutual EPAs Pauline.

I was also with Bill when we drew up our mutual EPAs - must have been nearly 9 years ago. Izzy x

 

[JPG1]

All dad had to do was to show mum the document severing the joint tenancy. She didn't have to sign or agree to anything, it was enough that she had been shown the document.

But does that not still need to be registered with the Land Registry? Rather than just shown to someone?

.

 

[Vonny]

Yes, needs to be registered with Land Registry JPG, but it didn't require mum to be in sound mind to do it

 

[JPG1]

That's what I thought, Vonny.

I was also wondering whether Pauline was needing more help about the Will situation. Because presumably you can't just change a Will (re. the ownership of house) without notifying Land Registry of that decision.

.

 

[Vonny]

Re the will, dad added a codicil to his leaving his share of the house to my sister and me, in case he died before mum. That was made possible by sending the severance of joint tenancy to the land reg. Mum wasn't sufficiently well to make any adjustments to her will or anything, so it was really to protect dad's share of the house.

Pauline, I assume that this is why the nurse advised you to change the joint tenancy to tenants in common, so your children could inherit your half outright in the event of you dying before Jack? Thus rendering 50% of proceeds of house untouchable by the LA if Jack was taken into care?

Putting my cynical hat on, I suppose it's only a matter of time before this loophole is closed and the LA can claw in the lot.

 

[JPG1]

It's bigger than a loophole!

Putting my cynical hat on, I suppose it's only a matter of time before this loophole is closed and the LA can claw in the lot.

Vonny, I would hope that could only come about by a massive change in the law. The Law beyond LA Law, that is!!!!

.

 

[sue38]

Hi Pauline,

When it comes to wills a solicitor has to be sure

1. The person making the will has testamentary capacity, and
2. They are not under any undue influence

At the moment there are no hard and fast rules as to how to ensure this and solicitors are still allowed to use their experience and common sense.

Personally I would not ask a spouse to step out of the room unless I was concerned either that the person did not understand what was going on, or the instructions were out of the ordinary. Ordinary instructions for example would be everything to survivng spouse and then to children of both parties. Out of the ordinary might be everything to children of one spouse. Nothing necessarily wrong with that, but I would need to make sure that was really what they wanted, and why.

With the new LPA there are definite rules for the Certificate Provider; such as the attorney must not be present and you have to try and discuss it without anyone else present.

It sounds as though your solicitor is doing it by the book, and can't be criticised for that.

I hope Jack is more relaxed when you come back from holiday and you can get things sorted.

On the question of severance of joint tenancy, yes a joint tenancy can be severed by one party serving a notice of severance on the other. Does it need to be registered at the Land Registry? No, if the property is unregistered (and there are still a great number of unregistered properties). If the property is registered, it's not an absolute requirement. If there is evidence of severance, such as a receipted notice, that will be sufficient.

 

[scarletpauline]

Yes, Vonny, that is why the nurse suggested changing to tenants in common, I am not sure what will happen if Jack is not allowed to change his will. This legal stuff is a bit beyond to behonest. My doctor knows us well and so I am hoping he backs us. Our solicitor is a lovely young girl and her card says "trainee solicitor" so she is obviously doing it by the book, although she does certainly seem to know her stuff. Another time I will ask to stay with Jack purely because he feels more confident with me there. Pauline x

 

[JPG1]

If there is evidence of severance, such as a receipted notice, that will be sufficient.

What fom would that 'receipted notice' take?

.

 

[Skye]

With the new LPA there are definite rules for the Certificate Provider; such as the attorney must not be present and you have to try and discuss it without anyone else present.

Goodnes, that's worth noting. I can understand the reasoning, but it does make it imperative to get the LPA drawn up early if there is any form of dementia. With John's PPA, he'd have lost the ability to understand very early on, and without me he'd have panicked.

 

[scarletpauline]

This is how Jack is and the solicitor did say get it drawn up as quickly as possible, just hope our GP can help us. Love Pauline xx

 

[sue38]

What fom would that 'receipted notice' take?

.

I'm not exactly sure what you're asking. My practice is to draft a notice of severance, one party signs, and the other party signs to confirm they have received it.