So a little convoluted.
I am the legal power of attorney for my parents house.
My parent is the title absolute holder according to the land registry title.
My sibling in 2003 put a charge on the property which is registered and is detailed also in a deed of trust. In 2020 my sibling asked me as power of attorney to sign a TP1 form transferring the property to their name. I had always understood the property to already be their property but it is also left to the sibling in a will, I just didn’t understand the charge etc.
I signed and completed the TP1 not fully understanding it (that was my fault, I know better now as I have learned more about Power of attorney and other things). Anyways, that TP1 was processed but with issues that were kicked back and so it was rejected, although I didn’t know this at the time as it was kicked back to the solicitor and recipient of transfer.
In 2022 I was asked to do it again and given the rejection notices so I could see what was wrong. I then read the rejection notices and stated I was not happy to do it again as I could not truthfully sign to agree to those statements.
I now understood the PoA better and thankfully didn’t sign a new one. Fast forward to 2024 - my parent is in a care home, the local authority now have an interest in the property but my sibling has argued that it is their house not my parents. I downloaded the latest title/register which as before shows my parent as the title absolute holder and my sibling having a charge (around a 1/4 of the value of property), the deed of trust says the same thing.
I have passed all documents I have to the local authority who have confirmed it is not my siblings but my parents. My sibling has spoken to the solicitor who submitted the TP1 who has now said, "the fact the TP1 was not registered is just an admin error, the fact I signed the TP1 is a legally binding transfer".
This doesn’t sound right to me? what would the purpose of a rejection of a TP1 be if the signed TP1 already made it legal, surely a signed and valid TP1 needs to be approved to become valid? what would the point in the application be otherwise
I want to do what is legal and in the best interests of parent, but at same time if that TP1 was valid then my sibling has valid claim to ownership or property – my parent is in a care home anyway so it does not affect her as its left to my sibling in the Will anyways. I just want to know if the rejected TP1 from 2020 is legally binding?
Thanks
