Transfer of half share of the property

We have a married couple where the husband has lost capacity but has a valid Lasting Power of Attorney (LPA) in place. The wife, who has capacity, wishes to transfer her share of the jointly owned property to their three children. Do the attorneys of the husband, who has lost capacity, have to sign&#160; any Land Registry forms even if we are not transferring his share to the children<br> <br> Many Thanks

Umesh - you can't transfer a share of the legal ownership so IF the legal ownership is to be transferred from the two of them to him and the children then they would both need to do that as Transferors.&#160;

<p data-end=222 data-start=187>Thank you for your prompt response.</p> <p data-end=532 data-start=224>I apologise if my previous message was unclear. To clarify, we only wish to transfer the beneficial&#160;ownership of the wife, not the husband. In this regard, do the attorneys for the husband, who has lost capacity, need to sign any Land Registry forms, even though we are not transferring his share to the children</p> <p data-end=597 data-start=534>I appreciate your assistance and look forward to your guidance<br> <br> Many Thanks</p>

Umesh - you can't transfer a share of the beneficial ownership. We register the legal ownership and that has to be transferred as a whole even if one of the transferors is staying on the register<br> Any transfer therefore has to be by both husband and wife to whoever and if the LPA enables his attorneys to act on his behalf then they would be included

Thank you&#160;