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Snapshot

  • Ensure your conveyancing staff are alert to the issue of ademption of specific gifts.
  • If your client is using an enduring power of attorney to sell real estate, and you have a choice, make sure you use a power of attorney executed after 16 February 2004.
  • Encourage clients to revoke enduring powers of attorney made before 16 February 2004 and grant new ones.

An issue can arise from routine conveyancing transactions that is best avoided. If your client is using an enduring power of attorney to sell real estate and you have a choice, make sure you use a power of attorney executed after 16 February 2004. It is also worthwhile encouraging clients who have granted enduring powers of attorney before 16 February 2004 to grant new ones (if they remain capable of doing so) and to revoke earlier grants.

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