Edwin Cowper

Registered with Property118.com
Wednesday 3rd July 2013


Latest Comments

Total Number of Property118 Comments: 56

Edwin Cowper

12:29 PM, 12th December 2020
About a month ago

Power of attorney query for bother in Australia?

Lasting power of attorney - need for registration at the court of protection to be able to use it.

See above. Note: best to register when made. Why? Because you can't use it without registration AND it takes a minimum of four weeks (and could take 12!!). If you wait til it is needed then you have that front end time before you can use it.
I have both - finance and well being. I have registered the well being power immediately. Why? Because if you need it, for health decisions, you don't want to wait for a month to three months.
Another good reason for registering it right away is to ensure it has no errors which will cause its rejection. If that happens, you may not be able to get the giver of the power to sign it if you wait til it is needed. A relative of mine has just had that problem. You need to know for sure it is valid.

Below are the government guidelines

"Once the LPA has been signed, you need to send it to us for registration. It may then be around 12 weeks before you get the registered LPA back and can start using it. This includes a 4 week waiting period required by law."... Read More

Edwin Cowper

18:53 PM, 7th November 2020
About 3 months ago

Refund of SDLT on Derelict property

On reflection I should have said I have been a lawyer for over thirty years,

In recent years the standard yearly updating law course has covered SDLT and exemptions etc in GREAT detail. If the lawyer doesn't know those he is incompetent. And the client should take action.... Read More

Edwin Cowper

18:49 PM, 7th November 2020
About 3 months ago

Refund of SDLT on Derelict property

Reply to the comment left by Marcus Serene at 07/11/2020 - 10:18
I completely disagree with your view. With the greatest respect, unless they in their contract and terms and conditions of acting exclude advice in this area, then its their job.

If they don't want to act as lawyers, but want money for old rope or no rope, they should go and do something else... Read More

Edwin Cowper

11:51 AM, 7th November 2020
About 3 months ago

Refund of SDLT on Derelict property

Reply to the comment left by Edwin Cowper at 07/11/2020 - 11:47
Further thought: he should have given you a client letter explaining the scope of his work. That may or may not help. I suspect that if he does not exclude advice on SDLT he will be liable for failing to advise. If the issue wasn't raised with him before you became his client, then in my view it will be part of his contract on express or implied terms to advise.... Read More

Edwin Cowper

11:47 AM, 7th November 2020
About 3 months ago

Refund of SDLT on Derelict property

If you are not mistaken about what your lawyer said, then you should claim your money back. If he didn't know, he should have found out. Is he really a lawyer? Its what lawyers do: advise their clients.
As a lawyer of over thirty years standing, I cannot imagine SDLT advice could be outside my advice area in a purchase, even if I had not had the problem before.
Report him to the Solicitors Regulation Authority for shoddy work. I expect they won't do anything, but at least you'll give him some well deserved aggro by having to deal with them.... Read More