Skip to main content
CLOSE

Charities

Close

Corporate and Commercial

Close

Employment and Immigration

Close

Fraud and Investigations

Close

Individuals

Close

Litigation

Close

Planning, Infrastructure and Regeneration

Close

Public Law

Close

Real Estate

Close

Restructuring and Insolvency

Close

Energy

Close

Entrepreneurs

Close

Private Wealth

Close

Real Estate

Close

Tech and Innovation

Close

Transport and Infrastructure

Close
Home / News and Insights / Press / Is it safe to buy a house from warring siblings?

In an article for the Sunday Times, Partner Owen Byrne answers a reader’s question regarding the purchase of a house being sold by an individual on behalf of their mother, who is no longer able to make decisions. The conflict arose when the buyer discovered that the purchase was not supported by the latter woman’s other children, and the reader asked whether the children would be able to block the sale.

Highlighting the importance of acting in the best interests of the lady (the donor) who made the lasting power of attorney (LPA),  Owen Byrne states:

‘If the sale of the family home is the only way to pay for the required care, the attorney is left with little choice. A stark financial situation often leaves no room for emotion.

The donor will have had her reasons for choosing one of her children and it might be a source of tension between siblings. But there is a big difference between sibling disagreement over what is best for a parent and accusations of abuse of power by an attorney. The latter can be reported to the safeguarding unit of the Office of the Public Guardian (OPG). The siblings could, ultimately, apply to the Court of Protection for an injunction to stop the attorney selling, but this would be a rare and expensive step.’

Subscribers can access the whole article on the Sunday Times website.

Related Articles

Our Offices

London
One Bartholomew Close
London
EC1A 7BL

Cambridge
50/60 Station Road
Cambridge
CB1 2JH

Reading
The Anchorage, 34 Bridge Street
Reading RG1 2LU

Southampton
4 Grosvenor Square
Southampton SO15 2BE

 

Reading
The Anchorage, 34 Bridge Street
Reading RG1 2LU

Southampton
4 Grosvenor Square
Southampton SO15 2BE

  • Lexcel
  • CYBER ESSENTIALS PLUS

© BDB Pitmans 2024. One Bartholomew Close, London EC1A 7BL - T +44 (0)345 222 9222

Our Services

Charities chevron
Corporate and Commercial chevron
Employment and Immigration chevron
Fraud and Investigations chevron
Individuals chevron
Litigation chevron
Planning, Infrastructure and Regeneration chevron
Public Law chevron
Real Estate chevron
Restructuring and Insolvency chevron

Sectors and Groups

Private Wealth chevron
Real Estate chevron
Transport and Infrastructure chevron