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Posted Fri, 23 May 2025 12:06:28 GMT by Mark Hanson

Good afternoon

Is it possible for an attorney under an Lasting Power of Attorney to execute a transfer on behalf of an executor? We have a matter where we have a deceased proprietor who has two executors on the Grant of Probate. One of them is signing in their own right, but the other is physically unable to sign and it is advised that their attorney under the LPA sign for them.

Thank you

Posted Fri, 23 May 2025 12:40:24 GMT by Adam Hookway
Good Afternoon Mark - no, a LPA would not be sufficient. It is possible with a power made under s.25, Trustee Act 1925, (as amended by s.5, Trustee Delegation Act 1999) bearing in mind that in such cases it can last only 12 months and so has to be renewed if the delegation is to be for a longer period

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