What is a Deed of Transfer and Deed of Gift and why might a capacity assessment be required when transferring property ownership.

mother holding a cup of tea and smiling to her adult daughter

The transfer of a property is completed by signing a Deed of Transfer (commonly a TR1 form in the UK), a legal document that formally transfers property ownership from a seller to a buyer. This enables the Land Registry to update the title. Transferring ownership of property is a significant decision that should, where possible,…

Read More

Gifting capacity 

Elderly woman and her family

What is a gift and what are the legal implications? Why might a capacity assessment be required when gifting? A gift is the transfer of money, property or possessions without expecting anything in return. For a gift to be valid under UK law, the following three conditions must be met: Gifts are given for a…

Read More

Form COP3: Your questions answered

Court of Protection logo

What is a COP3  COP3 is a specialist assessment of capacity form used by the Court of Protection. Used to establish if a person has the mental capacity to make a specific decision. The Court of Protection only makes decisions in the best interests of those who have been assessed as lacking the mental capacity…

Read More