If a person owns a house jointly with somebody else, whether it be as Tenants in Common or as joint Tenants it can cause problems if they then lack capacity through accident or illness to participate in any sale of the property. Even if there is a Power of Attorney in place it can sometimes be necessary to get an Order of the Court of Protection to authorise the sale of the property, even if it is in the ill individual’s best interests. The system is intended to safeguard the best interests of all parties, but sadly can be very cumbersome and cause significant delays to the conveyancing process.

Again, this is a highly complex and specialist area of law, and one that we have many years of experience assisting with here at MKB. We can work closely with you, and also our Property team to advise on the best course of action in each individual set of circumstances.