sales - a response
15 May 2008
Sales from estates has elicited a response from Donald Moore of Guthrie & Rushton.
He writes:
If there is any need for the Deeds Office to enquire into the value of the property sold in an 18(3) estate then there must be exactly the same requirement for all 18(3) transfers whether arising from a sale or an inheritance.
If the Deeds Office needs to check on matters such as whether an 18(3) authority has been properly issued or is being properly used then it seems to me that there should be some statutory provision to impose this responsibility. I would advise as strongly as possible against making the Deeds Office responsible for policing such aspects.
Consider where this may lead. It is possible that letters of executorship or other authorities to have been withdrawn. It is the conveyancer's responsibility to ensure that the executors authority is in order as it is with 18(3) appointments. If the Deeds office has to police 18(3) appointments then will someone tell me why they should not also police letters of executorship and the appointment of trustees on insolvency and liquidators and any other authority such as powers of attorney.
It is the conveyancer's responsibility. Please let it rest there.