Frequently asked questions

Q I am aged 67. My daughter suggested that I should sign an enduring power of attorney. Is that appropriate?

A Yes. An enduring power of attorney under the provisions of the Protection of Personal and Property Rights Act can be expressed to come into effect only if a person is unable to look after his or her own affairs. Or it can come into effect from the time the attorney is appointed.

In fact, it is good advice to anyone to make an enduring power of attorney, because you never know when a disabling illness or accident may strike.

You do not of course have to appoint a child as your attorney and often your spouse or a trusted friend will be an appropriate person.

 

Q I want to purchase a property but I am not quite sure whether I want myself or some other entity (e.g. a company or a trust) to be the eventual purchaser. What can I do?

A All you need to do is add the words or nominee after your name as purchaser or, alternatively, if you are intending to form a company to be the purchaser you can add the words as agent for a company to be formed. In the former case (or nominee) you will be personally liable to complete the purchase if you do not nominate another entity or your nominee defaults. In the second case you need to ensure that your obligations as agent are effectively adopted in compliance with the Companies Act to ensure you avoid liability and liability is properly assumed by the company formed by you.

 

Q The executor whom I named in my Will is no longer a person who I think would carry out the role appropriately. Can I cancel that appointment and appoint another person without having to rewrite my Will?

A Yes, this can be easily done by what is called a codicil. The codicil will record the cancellation of the appointment made in the Will and appoint the alternative person.

However, if the removed executor is likely to see a copy of your Will when you die (perhaps because he or she is a beneficiary) you may prefer, in order to avoid embarrassment, to have the whole Will retyped and resigned.

 

Q My home is on a cross lease. I am intending to add an extra room to the house and construct a garage. I have obtained a building consent from the local authority and discussed the project with other cross lease owners who have no objections. Are any further documents required?

A Yes. You should seek immediate legal advice before you commence the building work. Almost certainly you will require a replacement or second cross lease for the addition and the garage. This will need to be legally completed and registered at the Land Registry. The consequences of not doing this now could mean considerable delay and extra cost when you come to sell the property.

 

Q I have contracted a supplier to undertake work for me. The supplier has subcontracted part or all of the work without consulting me. Is the supplier entitled to?

A Yes, unless the supplier knew at the time of contracting that it was not to subcontract. If you do not want a supplier to subcontract, you must advise it in advance.

 

Q The contract price for some building work I am undertaking is reasonably substantial. I want to pay by instalments but I am not quite sure how this should be recorded between myself and the builder. What would you recommend?

A We have a relatively standard form of building contract price instalment agreement which we can adapt for your purposes. This substantially reduces the risk associated for both the builder and the customer in handing over the contract price in full either before work is undertaken or upon completion. It provides for a regular and orderly payment of the contract price by instalments so that the builder is being paid for work and materials supplied as and when they are supplied and the customer is only paying for what they have received. The cost of preparation of this agreement is relatively inexpensive and given the risks it addresses, it represents great value.