Guidance

Practice guide 9: powers of attorney and registered land

Updated 18 December 2023

Applies to England and Wales

© Crown copyright 2023

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This publication is available at https://www.gov.uk/government/publications/powers-of-attorney-and-registered-land/practice-guide-9-powers-of-attorney-and-registered-land

Please note that HM Land Registry’s practice guides are aimed primarily at solicitors and other conveyancers. They often deal with complex matters and use legal terms.

1. Introduction

When we are registering a document signed by an attorney, we need to be sure that the document binds the individual or company on whose behalf it was signed. We do this by checking that the power of attorney:

  • was validly executed as a deed
  • was still in force at the date of the document
  • authorised the attorney to take the action in question
  • was, where necessary, made under the correct statutory provision

There are cases where, even though the power does not meet these requirements, the person who relied on the document can assume that the power was correctly made or that it was still in force at the time it was used. In those cases, we may need confirmatory evidence from that person.

When an individual executes a deed it must be clear that the document is signed as a deed and the signature must be made in the presence of a witness who attests the signature. Practice guide 8: execution of deeds deals in detail with execution of deeds by different types of legal person.

While the attorney’s name must appear in the execution clause, there is no need for their name to appear in in the relevant panel as transferor/lessor/mortgagor (or as transferee or lessee where the donor is acquiring the property and so is the person entitled to be registered). So, for example, the donor’s name must appear as the transferor in panel 4 of form TR1.

This guide does not cover the more complex issues involved when a power of attorney is granted under the law of another jurisdiction. In such a case, we may require an opinion as to the matters specified above from a lawyer qualified in that jurisdiction. Section 4 of practice guide 78: overseas companies and limited liability partnerships contains further details of the requirements when the entity granting the power is an overseas company. Execution under a foreign power of attorney contains details of the requirements when an individual grants a power of attorney under the laws of a jurisdiction other than England and Wales.

2. Types of power of attorney

2.1 General powers under section 10 of the Powers of Attorney Act 1971

The Powers of Attorney Act 1971 provides a short form of general power of attorney that can be used by a sole beneficial owner of land. It operates to give the attorney authority to do anything that the donor can lawfully do by an attorney. However, powers in that form dated before 1 March 2000 are never suitable for dealing with land of which the donor is a joint proprietor. And those dated after 29 February 2000 may only be used by a joint proprietor if the donor has a beneficial interest in the land. The death, bankruptcy or mental incapacity of the donor will automatically revoke the power. The donor may also revoke it at any time.

2.2 Other general and special powers

A person wishing to appoint an attorney does not have to use the form set out in the Powers of Attorney Act 1971. The only strict requirement is that the donor must execute the power as a deed. The donor may use any form of wording, giving the attorney either general authority to act or limited powers, for example in connection with a particular transaction or dealings with specified property. A power that does not follow any of the statutory forms may be used on behalf of a donor who is a joint proprietor only if:

  • it is dated after 29 February 2000
  • the donor has a beneficial interest in the land, and
  • there is no indication in the power that the donor did not intend the attorney to exercise trustee functions

Unless it is a security power the donor may revoke such a power and the death, bankruptcy or mental incapacity of the donor will automatically revoke it.

2.3 Security powers

A security power is a power of attorney that is expressed to be irrevocable and is given to secure:

  • a proprietary interest of the attorney
  • the performance of an obligation owed to the attorney

While the donee has the interest, or until the obligation is discharged, the donor can only revoke the power with the attorney’s consent and the death, bankruptcy or mental incapacity of the donor does not revoke it.

2.4 Enduring powers

An enduring power of attorney is one made by an individual under the Enduring Powers of Attorney Act 1985. This Act has been repealed (section 66(1)(b) of the Mental Capacity Act 2005) and provisions governing enduring powers are now contained in Schedule 4 of the Mental Capacity Act 2005. New enduring powers of attorney cannot be created after 30 September 2007 although those created before 1 October 2007 will continue to have effect (section 66(3) of the Mental Capacity Act 2005). An enduring power must be in the form prescribed by the Enduring Powers of Attorney (Prescribed Forms) Regulations 1986, 1987, 1990 or 2005 or the Enduring Powers of Attorney (Welsh Language Prescribed Form) Regulations 2000 as appropriate, depending on when the power was executed and in which language. The power must be executed in the prescribed manner by the donor and the attorney and incorporate at the time of execution the prescribed explanatory information. A power of attorney that gives the attorney a right to appoint a substitute or successor cannot be an enduring power (Schedule 4, paragraph 2(6) of the Mental Capacity Act 2005).

An enduring power is not revoked by the donor’s mental incapacity. If the attorney has reason to believe that the donor lacks or is beginning to lack capacity, they must apply to register the power with the Public Guardian who, in some circumstances, can only register the power in accordance with the direction of the Court of Protection. After the power is registered, it may only be revoked by the donor with the confirmation of the Court of Protection, or by the death of the donor, the bankruptcy of the donor or donee, or by the Court of Protection. Enduring powers dated after 29 February 2000 and earlier powers used in transactions dated after 28 February 2000 made by one of joint proprietors may only be used if:

Or, for enduring powers dated before 1 March 2000, if the power is registered with the Court of Protection following an application made to the court before 1 March 2001.

Or, if an application made to the court for registration of the power before 1 March 2001 has not been finally refused.

An attorney under an enduring power can make gifts and confer benefits on behalf of the donor only in very limited circumstances – see Schedule 4, paragraphs 3(2) and 3(3) of the Mental Capacity Act 2005. HM Land Registry will usually refuse to register a disposition involving an element of a gift or benefit (including a transaction at an apparent undervalue, or a loan) that is executed under an enduring power unless the court has authorised the disposition under Schedule 4, paragraph 16(2)(e) of the Mental Capacity Act 2005.

2.5 Trustee Act powers

Section 25 of the Trustee Act 1925 allows a trustee to grant a power of attorney delegating their functions as a trustee to the attorney.

Section 25 provides a short form of power by which a single donor can delegate trustee functions under a single trust to a single donee. Trustees can use other forms. The short form would not, for example, be appropriate where the donor wishes to delegate functions under several trusts to one attorney or wishes to limit the range of functions to be delegated.

A Trustee Act 1925 power can be granted only for a period of up to 12 months. The period starts on the date of the power unless it specifies a different date.

HM Land Registry’s view is that ‘a different date’ should be interpreted as on or after the date of execution of the power.

While in force a Trustee Act 1925 power can always be used to execute dispositions of land on behalf of a donor who is a joint proprietor, whether or not the donor has a beneficial interest in the land. It is possible to grant such a power to an attorney who is also the only other trustee under the trust. However, where there are only 2 trustees, it will always be sensible to appoint a third party. This is because, as explained in Joint proprietors: receipts for capital money, a trustee who is also acting as attorney for the only other co-trustee will not be able to give valid receipts for capital money.

2.6 Power given by all the trustees to a beneficiary under section 9 of the Trusts of Land and Appointment of Trustees Act 1996

All the trustees of a trust of land can together appoint a beneficiary or the beneficiaries to exercise their functions in relation to the land. But the attorney cannot give a receipt for capital money, so the trustees would, in any event, need to join in any disposition of the land where such a receipt was required. This type of power is, therefore, likely to be encountered rarely in the context of dispositions of registered land. It could only be used effectively when no capital money is passing, for example on the grant of a rack rent lease. Where this form of power is used for a registered disposition, the registrar may require under rule 63 of the Land Registration Rules 2003 evidence that the person(s) dealing with the attorney:

  • acted in good faith
  • had no knowledge at the time of completion of the transaction that the attorney was not a person to whom the functions of the trustees in relation to the land to which the application relates could be delegated under section 9 of the Trusts of Land and Appointment of Trustees Act 1996

On the rare occasions when the registrar requires this evidence, it must be supplied in form 3 (see Appendix C), being either a statutory declaration or statement of truth by the person dealing with the attorney or a certificate given by the person’s conveyancer. If the registrar also requires evidence of non-revocation (see Powers more than 12 months old – evidence of non-revocation) form 2 must be used.

2.7 Lasting powers

Lasting powers of attorney have replaced enduring powers as the principal way of choosing a decision-maker to act in the event of loss of capacity. In addition to property and financial affairs, donors will be able to appoint an attorney to make decisions about their personal welfare for a time when they lack capacity to make such decisions themselves.

Lasting powers relating to decisions about property and financial affairs can be used both before and after the donor loses capacity, according to their wishes. If the donor has stated in the lasting power of attorney that the attorney can only act after the donor has lost capacity, then on any disposition by the attorney we require written confirmation from a medical doctor or a mental health specialist practitioner that the donor has lost capacity. A lasting power must in all circumstances be registered with the Office of the Public Guardian before it can be used. Notice must first be served by the person applying for registration of the power. When acting under a lasting power, attorneys must apply the principles under the Mental Capacity Act 2005 Code of Practice and, where appropriate, must act in the best interests of the person lacking capacity when making a particular decision.

The donor of a lasting power relating to property and financial affairs must be a person aged 18 or over and have capacity to execute a lasting power. The donee must be a person aged 18 or over who is not bankrupt or a trust corporation. Joint attorneys may be appointed to act jointly, jointly and severally, or jointly in respect of some matters and jointly and severally in respect of others. A lasting power may nominate a replacement donee to act in certain circumstances that terminate the original donee’s appointment (section 10(8) of the Mental Capacity Act 2005), but a donee cannot appoint a replacement donee (section 10(8)(a)).

If a lasting power has been registered but no lasting power was in fact created, a transaction between the donee and another person is, in favour of that person, as valid as if the power had existed, unless at the time of the transaction that other person knew that a lasting power was not created or was aware of circumstances that would have terminated the donee’s authority to act had a lasting power been created (section 14(3) of the Mental Capacity Act 2005).

There is a conclusive presumption in favour of a purchaser whose interest depends on whether that transaction was valid by virtue of that section that the transaction was valid if either the transaction was completed within 12 months of registration of the power, or the purchaser makes a statutory declaration before or within 3 months after the completion of the purchase that they had no reason at the time of the transaction to doubt that the donee had authority to dispose of the property that was the subject of the transaction (section 14(4) of the Mental Capacity Act 2005). For land registration purposes under rule 62 of the Land Registration Rules 2003, a statutory declaration or a statement of truth to this effect may be in form 2 of Schedule 3 of the Land Registration Rules 2003 (see Appendix B).

Full details regarding the requirements for preparation and registration of lasting powers of attorney are given in the Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian Regulations 2007 as amended by the Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian (Amendment) Regulations 2009 and the Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian (Amendment) Regulations 2015.

A lasting power of attorney relating to property and financial affairs does not authorise the attorney to make gifts of the donor’s property except to the extent referred to in section 12(2) of the Mental Capacity Act 2005 or authorised by the Court of Protection under section 23(4) of the Mental Capacity Act 2005. This allows the attorney to make gifts in similar circumstances to those outlined in Enduring powers. However, a gift of the donor’s property outside the scope of section 12(2) and without the sanction of the Court of Protection will be void (see Chandler v Lombardi [2022] EWHC 22 (Ch.)).

3. Joint attorneys of a sole surviving proprietor where there is a Form A restriction in the register

Where there is a sole or sole surviving registered proprietor with a Form A restriction in the register and a transfer is executed by their joint attorneys, although 2 (or more) attorneys have executed the transfer they are attorneys for one proprietor and are not trustees of the legal estate or entitled to be registered as proprietors. The transfer is therefore still effectively by a sole proprietor and is caught by the Form A restriction, and the overreaching provisions of the Law of Property Act 1925 are not satisfied.

It is possible for a new trustee to be appointed to act with the attorneys so as to overreach the beneficial interests and allow for automatic cancellation of the restriction. Alternatively, it may be possible to apply to cancel the restriction, for example if the sole (surviving) proprietor has become solely legally and beneficially entitled to the property. See section 6.2 of practice guide 24 for further information on the evidence required to remove a Form A restriction.

As the sole or sole surviving registered proprietor appears to be a trustee (because there is a Form A restriction) section 1(1) of the Trustee Delegation Act 1999 applies – see Joint proprietors: evidence that the donor of a power had a beneficial interest.

4. Joint proprietors: receipts for capital money

For dispositions dated after 29 February 2000, section 7 of the Trustee Delegation Act 1999 provides that a receipt for capital money will overreach beneficial interests only if an attorney acts with at least one other person. This means that a receipt clause in a disposition by joint proprietors is not acceptable if the disposition is executed by only one person both as proprietor and as attorney for the other proprietor(s), or by one person as attorney for all the proprietors.

Delegation by 2 or more trustees (acting together by executing the same instrument) to a single agent such as an attorney (“collective delegation” under section 11 of the Trustee Act 2000) may be effective for registration purposes, so that a disposition executed by a single attorney on behalf of joint proprietors may be registered. A power of attorney for the purpose cannot be an enduring or lasting power of attorney (section 9(6) of the Trust of Land and Appointment of Trustees Act 1996, amended by section 67(1) and Sch.6 para 42(1), (2) Mental Capacity Act 2005). However, if there is a Form A, B, J, K, II or JJ restriction in the register overreaching will need to be considered in order to determine whether or not any beneficial interests have been overreached and the restriction can be removed on registration of the disposition.

Where there are 2 or more proprietors and a restriction in the proprietorship register which indicates the possible existence of a beneficial interest – for example, in standard Form A, B, J, K, II or JJ – and a disposition under which capital money arises is executed by a single person, either (i) as attorney for all the proprietors or (ii) as one of the proprietors and as attorney for the remaining proprietor(s), we will return it for execution by the donor of the power. However, the donor of a lasting or enduring power of attorney will not be able to execute a document if they lack capacity. (In these circumstances the document may, of course, be executed by another attorney for the donor if one has been appointed jointly and severally or, where the power has been registered, by an additional trustee appointed either by the other joint proprietor or by the attorney under section 8 of the Trustee Delegation Act 1999.)

If an applicant wishes to proceed with their application without re-executing, we will complete registration of the transfer and leave any relevant existing beneficial interest type restrictions in the register.

5. Joint proprietors: evidence that the donor of a power had a beneficial interest

All joint proprietors hold the registered legal estate as trustees. Some sole proprietors may also hold the registered legal estate as trustee (this may be indicated by a restriction in Form A, B, J, K, II or JJ). A general, enduring or lasting power of attorney dated after 29 February 2000 may be used in relation to trust property if, at the time it is used, the donor of the power owns a beneficial interest in that property unless contrary intention is shown in the power (section 1(1) of the Trustee Delegation Act 1999).

A written statement by the attorney given within 3 months of the date of the document confirming that the donor had a beneficial interest in the property is, in favour of a purchaser, conclusive evidence that the power could be used (section 2(2) of the Trustee Delegation Act 1999).

The most convenient place for the attorney to make this written statement will be in the disposition itself. The attorney may include a statement on the following lines in the additional provisions panel of a TR1 or other prescribed form, or in the body of a lease or charge:

‘(Name of attorney) confirms that (donor of the power) has a beneficial interest in the property at the date of this (transfer, charge and so on)’

Alternatively, the attorney may adapt the attestation clause as follows:

‘Signed as a deed by (name of donor of the power), who has a beneficial interest in the property at the date of this (transfer, charge and so on), acting by their attorney (name of attorney) in the presence of …’

Or the attorney may expand the words of signature as follows:

‘John Smith by his attorney Jane Brown who confirms that the donor has a beneficial interest in the property at the date hereof.’

The written statement can be made separately if it is dated within 3 months of the date of the document.

If an applicant for registration cannot produce such a statement, we will consider other evidence that the donor had a beneficial interest at the relevant time. A statutory declaration or statement of truth (see practice guide 73: statements of truth) to that effect by a responsible person with full knowledge of the facts may be acceptable in some cases. But if the applicant does not produce sufficient evidence of the donor’s beneficial entitlement the document will need to be executed by the donor of the power.

6. Powers more than 12 months old: evidence of non-revocation

A purchaser from a person who has dealt with an attorney is entitled to assume that the power of attorney has not been revoked if the transaction in question took place within 12 months of the date when the power came into operation.

Although under rule 62 of the Land Registration Rules 2003 HM Land Registry may require evidence of non-revocation if the power of attorney is more than 12 months old, under normal circumstances such evidence will NOT be required.

On the rare occasions when the registrar requires evidence of non-revocation, this must be in form 2 (see Appendix B), being either:

  • a statutory declaration or statement of truth made by the person(s) dealing with the attorney, for example a purchaser from the attorney
  • a certificate by that person’s conveyancer

As Trustee Act 1925 powers of attorney can only operate for 12 months, we will never need evidence of non-revocation for these powers.

7. Evidence of the power

HM Land Registry will need to see one of:

  • form 1 (see Appendix A)
  • the original
  • a sufficient copy of any power of attorney that you are relying on to establish that a document lodged with your application is validly executed
  • a valid summary sheet generated by the Office of the Public Guardian’s ‘Use/View a lasting power of attorney’ service in colour. See section 7.1 below for further details

We will keep the evidence lodged in our files. Therefore if you need to keep the original you should lodge a copy with your application. Section 3 of the Powers of Attorney Act 1971 prescribes a strict method of proving the contents of a power of attorney. To follow this procedure the donor of the power, a solicitor, notary public or stockbroker or (from 18 November 2023) a chartered legal executive must certify:

  • at the end of a photocopy of the power that it is a true and complete copy of the original
  • on each page of the photocopy, if the power includes more than 1 page, that the page is a true and complete copy of the corresponding page of the original

In practice we will usually accept a photocopy that is certified by a conveyancer or by a chartered legal executive to be a true copy of the original power. However, in any case of doubt, we would ask you to produce either the original or the more formal certified copy mentioned above.

7.1 Summary sheet generated by the Office of the Public Guardian’s ‘Use/View a lasting power of attorney’ service

Where the access code has been obtained prior to 4 July 2023, the summary sheet may only be lodged when the lasting power of attorney does not contain any ‘instructions’. For access codes obtained on or after 4 July 2023, the summary sheet will contain any ‘instructions’ and may be lodged. The application must be lodged in colour by a conveyancer.

If the lasting power of attorney (LPA) summary is between 2 and 12 months old as at the date of the disposition it must be accompanied by a certificate from a conveyancer that no changes have been notified to the Office of the Public Guardian since the date on the LPA summary which would affect the authority of the attorney(s) named in the disposition.

We reserve the right to call for a copy of the full power even where a summary has been lodged. Further information can be found on the View a lasting power of attorney service.

8. Execution under a foreign power of attorney

An attorney may be appointed by a power of attorney created in and governed by the law of a jurisdiction other than England and Wales. Such powers may permit the donee to execute documents on behalf of the donor.

See section 10.5 of practice guide 8: execution of deeds for suitable execution clauses to use where an attorney is executing a document on behalf of an individual under a power of attorney (including a foreign power of attorney).

Where any document is executed pursuant to a foreign power of attorney, the applicant must provide:

  • a certified copy of the power (together with a verified translation of the power if it is not in English or Welsh), and

  • a legal opinion as specified below

Where any document is executed pursuant to a foreign power of attorney, the applicant must provide a legal opinion from a lawyer qualified to practice in that territory confirming:

  • execution by an attorney is permitted by the laws of the relevant jurisdiction

  • the donor has the legal capacity to appoint an attorney

  • the donor has complied with any formalities governing the appointment of an attorney in the relevant jurisdiction and is bound by the power of attorney

  • the power authorised the donee to execute the relevant document on behalf of the donor, and

  • the power remained valid at the time of execution

Any legal opinion must not be qualified or conditional. If it is in a language other than English or Welsh, the applicant must provide a certified translation of it.

9. Checklists

We hope that the checklists set out below will help you, in the cases that they cover, to lodge the correct documents and evidence with your applications. Unless you can answer ‘yes’ to all the questions that apply, the donor of the power will need to execute the document personally before we can register it.

9.1 Power given by a sole proprietor (not a trustee)

  • are you able to lodge a form 1 or the original or a certified copy of the power (we will need only certified copies of deeds or documents you send to us with HM Land Registry applications. Once we have made a scanned copy of the documents you send to us, they will be destroyed. This applies to both originals and certified copies)?
  • is the power validly executed as a deed?
  • is the power wide enough to cover what the attorney has done?

9.2 Power given by one of joint proprietors dated after 29 February 2000

  • are you able to lodge a form 1 or the original or a certified copy of the power (we will need only certified copies of deeds or documents you send to us with HM Land Registry applications? Once we have made a scanned copy of the documents you send to us, they will be destroyed. This applies to both originals and certified copies)
  • is the power validly executed as a deed?
  • is the power made under the Trustee Act 1925? (See section 25 of the Trustee Act 1925)

or

9.3 Power given to beneficiaries by all the joint proprietors of the land

  • are you able to lodge a form 1 or the original or a certified copy of the power (we will need only certified copies of deeds or documents you send to us with HM Land Registry applications. Once we have made a scanned copy of the documents you send to us, they will be destroyed. This applies to both originals and certified copies)?
  • is the power validly executed as a deed?
  • is the power made under the Trusts of Land and Appointment of Trustees Act 1996? (See Power given by all the trustees to a beneficiary under section 9 of the Trusts of Land and Appointment of Trustees Act 1996)
  • is the power wide enough to cover what the attorney has done?
  • if the transaction involved the payment of capital money, did the trustees join in to give a receipt?

10. Appendix A

Form 1: certificate as to execution of power of attorney (rule 61)

Date of power of attorney

Donor of power of attorney

Donee of power of attorney

I/We [name(s)] of [address/addresses]

certify that:

  • the power of attorney (“the power”) is in existence [and is made and, where required, has been registered under (state statutory provision under which the power is made, if applicable)]
  • the power is dated (insert date)
  • I/we are satisfied that the power is validly executed as a deed and authorises the attorney to execute the document on behalf of the donor of that power, and
  • I/we hold [the instrument creating the power] or [a copy of the power by means of which its contents may be proved under section 3 of the Powers of Attorney Act 1971] or [a document which under section 4 of the Evidence and Powers of Attorney Act 1940, paragraph 16 of Part 2 of Schedule 1, or paragraph 15(3) of Part 5 of Schedule 4 to the Mental Capacity Act 2005 is sufficient evidence of the contents of the power]

Signature of conveyancer [signature] Date [date]

11. Appendix B

Form 2: statutory declaration/certificate/statement of truth as to non-revocation for powers more than 12 months old at the date of the disposition for which they are used (rule 62)

Date of power of attorney

Donor of power of attorney

I [name] of [address]

do [solemnly and sincerely declare] or [certify] or [state] that at the time of completion of the

to me/my client I/my client had no knowledge:

  • of a revocation of the power, or
  • of the death or bankruptcy of the donor or, if the donor is a corporate body, its winding up or dissolution, or
  • of any incapacity of the donor where the power is not a valid lasting or enduring power of attorney, or

Where the power is in the form prescribed for a lasting power of attorney:

  • that a lasting power of attorney was not created, or
  • of circumstances which, if the lasting power of attorney had been created, would have terminated the attorney’s authority to act as an attorney, or

Where the power is in the form prescribed for an enduring power of attorney:

  • that the power was not in fact a valid enduring power, or
  • of an order or direction of the Court of Protection which revoked the power, or
  • of the bankruptcy of the attorney, or

Where the power was given under section 9 of the Trusts of Land and Appointment of Trustees Act 1996:

  • of an appointment of another trustee of the land in question, or
  • of any other event which would have the effect of revoking the power, or
  • of any lack of good faith on the part of the person(s) who dealt with the attorney, or
  • that the attorney was not a person to whom the functions of the trustees could be delegated under section 9 of the Trusts of Land and Appointment of Trustees Act 1996, or

Where the power is expressed to be given by way of security:

  • that the power was not in fact given by way of security, or
  • of any revocation of the power with the consent of the attorney, or
  • of any other event which would have had the effect of revoking the power

Where a certificate is given:

Signature of conveyance [signature] Date [date]

Print name

Firm name or employer (if any)

Capacity (such as acting for…) or

Where a Statutory Declaration is made:

And I make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of the Statutory Declarations Act 1835.

Signature of Declarant(s) [signature(s)] Date [date]

DECLARED at before me, a person entitled to administer oaths.

Name

Address

Qualification

Signature

Where a statement of truth is made:

I believe that the facts and matters contained in this statement are true.

Signature of [signature] Date [date]

Print name

Firm name or employer (if any) of any conveyancer signing

Capacity (such as acting for…) or

WARNING

  1. If you dishonestly make a statement which you know is, or might be, untrue or misleading, and intend by doing so to make a gain for yourself or another person, or to cause loss or the risk of loss to another person, you may commit the offence of fraud under section 1 of the Fraud Act 2006, the maximum penalty for which is 10 years’ imprisonment or an unlimited fine, or both.

  2. Failure to complete the form with proper care may result in a loss of protection under the Land Registration Act 2002 if, as a result, a mistake is made in the register.

  3. Under section 66 of the Land Registration Act 2002 most documents (including this form) kept by the registrar relating to an application to the registrar or referred to in the register are open to public inspection and copying. If you believe a document contains prejudicial information, you may apply for that part of the document to be made exempt using form EX1, under rule 136 of the Land Registration Rules 2003.

12. Appendix C

Form 3: statutory declaration/certificate/statement of truth in support of power delegating trustees’ functions to a beneficiary (rule 63)

Date of power of attorney

Donor of power of attorney

I [ name] of [address]

do [solemnly and sincerely declare] or [certify] or [state] that at the time of completion of the

to me/my client I/my client had no knowledge –

  • of any lack of good faith on the part of the person(s) who dealt with the attorney, or
  • that the attorney was not a person to whom the functions of the trustees could be delegated under section 9 of the Trusts of Land and Appointment of Trustees Act 1996.

Where a certificate is given:

Signature of conveyancer [signature] Date [date]

Print name

Firm name or employer (if any)

Capacity (such as acting for…); or

Where a Statutory Declaration is made:

And I make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of the Statutory Declarations Act 1835.

Signature of Declarant [signature] Date [date]

DECLARED at [location] before me, a person entitled to administer oaths.

Name

Address

Qualification

Signature or

Where a statement of truth is made:

I believe that the facts and matters contained in this statement are true.

Signature of [signature] Date [date]

Print name

Firm name or employer (if any) of any conveyancer signing

Capacity of any conveyancer signing (such as acting for…)

WARNING

  1. If you dishonestly make a statement which you know is, or might be, untrue or misleading, and intend by doing so to make a gain for yourself or another person, or to cause loss or the risk of loss to another person, you may commit the offence of fraud under section 1 of the Fraud Act 2006, the maximum penalty for which is 10 years’ imprisonment or an unlimited fine, or both.

  2. Failure to complete the form with proper care may result in a loss of protection under the Land Registration Act 2002 if, as a result, a mistake is made in the register.

  3. Under section 66 of the Land Registration Act 2002 most documents (including this form) kept by the registrar relating to an application to the registrar or referred to in the register are open to public inspection and copying. If you believe a document contains prejudicial information, you may apply for that part of the document to be made exempt using form EX1, under rule 136 of the Land Registration Rules 2003.

13. Things to remember

We only provide factual information and impartial advice about our procedures. Read more about the advice we give.

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