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Posted Fri, 13 Sep 2024 11:05:30 GMT by David Kipnis
It's a local authority charge to secure the debt due to the Council for residential care fees, from the Estate of the late property owner.

What should the panel 10 of CH1 look like?
Can it say "Signed as a Deed by The Estate of The Late Name Surname acting by the Executor Name Surname"?
Or should there be a different formulae?


Probate was granted, copies of the Grant of Probate and the Last Will & Testament are on file, and will be submitted with application.

Also, the panel 8 will be a standard form of restriction, and the panel 9 will state the amount of charge and refer to Undertaking signed by the Executor, correct?

Many thanks!
Kind regards,
David
Posted Fri, 13 Sep 2024 12:09:37 GMT by Adam Hookway
David - please refer to our PG 8 for guidance on how a deed, inc form CH1, should be executed as appropriate
Practice guide 8: execution of deeds - GOV.UK (www.gov.uk)
It would be the local authority who execute the charge so I would strongly recommend speaking to them to confirm what is required in order to both secure the charge and apply to update the land register
Posted Fri, 13 Sep 2024 12:47:44 GMT by David Kipnis
Thanks Adam,

I work for the local authority in question and am administering the charges under the Deferred Payment Scheme pursuant to the Care Act 2014, sections 34-36 for the Council.

Normally our application for a legal charge on the property is under a Deferred Payment Agreement with the proprietor who is in permanent residential care (often singed by their Attorney), however in this case it is the Executor of the Estate who is signing CH1 - that's why I need to check the appropriate wording of the deed execution - didn't see the relevant option on PG8.
Posted Fri, 13 Sep 2024 13:36:03 GMT by Adam Hookway
David - see execution by a private individual. If he/she is executing as the executor then they can add that 'role' to the stated name/details given
Posted Fri, 13 Sep 2024 14:02:32 GMT by David Kipnis
Thanks Adam,

So the borrower will then be the Executor of the Estate, rather than the Estate itself, since the panel 10 will be completed as individual, right?
Posted Fri, 13 Sep 2024 14:56:01 GMT by Adam Hookway
David - you are straying into the wider requirements of the Social Care legislation you have referred to and our advice would be to raise the issue with Department of Health and Social Care.
As I am sure you are aware such charges normally arise when the registered owner is still alive. So if you are going down the route that his/her executor is the one who can now charge the property, acting as if they are entitled to do so in their capacity as the executor, then they would do so as the executor. The 'estate' is not a person so it can't charge anything.
In my experience the Deferred Payment Agreement itself may incorporate both an agreement to charge and a charging clause in one document. If it does then you may already have the required deed to register as a charge. 
If it doesn't and one is now needed, and the legislation allows an executor to secure such a legal charge, then the form CH1 being used should be executed by the executor in that capacity and in their name. Probate can then confirm his/her legal authority to deal with the deceased's estate.
Posted Sat, 14 Sep 2024 11:07:09 GMT by David Kipnis
Great, thanks Adam - that's what I was going for - Executor and Grant of Probate to confirm authority.

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