Graeme Robb: Court case highlights strict LPA rulebook

Transfer made void

clock • 4 min read

A recent court case highlights the need for attorneys to exercise care when bound by lasting power of attorney rules, writes Graeme Robb. Here he goes over the proceedings...

In June 2018, a house was transferred from an elderly mother's sole ownership into the joint names of herself and her daughter as tenants in common in equal shares. The mother died several months later aged 93 in January 2019, and after her death, in court, the transfer was made void. To understand why we need to explore the background. Background The mother had a history of mental health issues going back a number of years. In November 2016, her daughter was registered with the Office of the Public Guardian (OPG) as her mother's lasting power of attorney (LPA) in respect of her...

To continue reading this article...

Join Professional Adviser for free

  • Unlimited access to real-time news, industry insights and market intelligence
  • Stay ahead of the curve with spotlights on emerging trends and technologies
  • Receive breaking news stories straight to your inbox in the daily newsletters
  • Make smart business decisions with the latest developments in regulation, investing retirement and protection
  • Members-only access to the editor’s weekly Friday commentary
  • Be the first to hear about our events and awards programmes

Join

 

Already a Professional Adviser member?

Login

More on Estate planning

Charitable gifting from pensions: Beating the post-75 double tax

Charitable gifting from pensions: Beating the post-75 double tax

Gifting from the estate vs the pension

Lisa Webster
clock 04 March 2026 • 4 min read
IHT changes: Have your clients reviewed their gifting strategy?

IHT changes: Have your clients reviewed their gifting strategy?

Steps clients should consider to assist them on their 'estate planning journey'

Julia Peake
clock 03 March 2026 • 5 min read
Undue influence? Advisers' role when clients want to make radical will changes

Undue influence? Advisers' role when clients want to make radical will changes

‘Inheritance disputes often lead to lengthy and costly litigation’

Alexandra McVean
clock 18 February 2026 • 4 min read