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Stay within the lines

Going over and above the call of duty can be a perilous move for practitioners acting under a power of attorney, says Matthew Evans

26 April 2013

Eileen Day and her husband bought a property at 25 Ashby Road, Southampton in 1954, in joint names. It was vested in Day on her husband’s death in 1976. In May 1985, Day executed a general power of attorney in favour of solicitor Alan Froud, who executed a conveyance transferring the property into the names of Day and her son, Terence. The conveyance expressed that the property was to be held as beneficial joint tenants.

Day drew up a will in November 2008, in which she claimed to leave the property between her six children equally. She died the next month. As the position stood, the property passed by survivorship to Terence, the respondent in Day & Anor v Day [2013] EWCA

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