Conveyancing for High Risk, Vulnerable, Elderly & Unusual Clients
Conveyancing transactions involving high risk, vulnerable, elderly or unusual clients present additional challenges for the property lawyer. The client's predicament might be caused by factors such as age, financial problems, relationship breakdown, undue influence, and conflicts of interest between co-owners.
This course focuses on the key issues, considers the steps that can be taken to identify and protect such clients, and addresses the risks that instructions from such clients might present for conveyancers.
What You Will Learn
This course will cover the following:
- Co-owners: What are the key issues and how far do your responsibilities extend?
- Fraudsters and Risk of Title Fraud: What are the current issues? The landmark 2018 Court of Appeal cases of P&P Property Ltd and Dreamvar v Mishcon De Reya
- Powers of attorney: How can you spot signs of misuse and what steps do you need to take to protect the donor?
- Bankrupt or insolvent clients: What are the biggest risks and how do you arrange for bankruptcy entries to be removed or clarified?
- Dispositions involving charities: Which aspects of the Charities Act 2011 do you need to know about when dealing with a charity?
- Dispositions by a company in liquidation: What key issues need to be addressed in the conveyancing process?
- Assessing a client's capacity: am I able to rely solely on a Doctor's report? Who can instruct me if capacity is lost?
- Should lasting powers of attorney be used for conveyancing transactions?
- Right to Buy: risks when third parties are funding the purchase
- What steps can be taken to mitigate the risk of a power of attorney being misused by the donee?
- Advising a client considering making a false representation to the buyer
- Risks when acting for clients making a gift of property to avoid care home fees: what advice needs to be given? When might fraud occur?
- Why equity release schemes are now regarded as high-risk transactions
- Undue influence - when is consent not freely given? When should I cease to act or insist upon independent legal advice being obtained?
- Reserving a right to live at a property transferred, including taxation issues and security of tenure
- Sheltered housing leases: the missing warden, high service charges and exit fees
- Mortgages taken out by joint mortgagors for the sole benefit of one of them
9:30am - 5:15pm
Please let us know if you wish to be notified when new dates are added for this programme