Can Solicitor act for sibling in transfer of family farm

camarilla

Registered User
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A friend is a farmer, and has asked his solicitor brother to act for him in the transfer of the family farm and family home. The elderly parents want to transfer the farm to their farmer son. Is there a conflict of interest as the solicitor brother would be waiving potential inheritance as a result of the transaction.

I hope this makes sense, and would appreciate any answers.

Thanks
 
The solicitor can act for one party only - not for both.

And elderly parent is free to dispose of their own property. Solicitor brother is deemed to be capable of acting impartially for one party. He hardly needs independent legal advice!

mf
 
Can same solicitor transfer two sites from parent to two children then at same time? Getting paid from two children separately!
 
The solicitor can act for one party only - not for both.

Hi mf

Is that the law, the Law Society rules or just good practice?

If a parent gifts a house to a child, the child must get separate legal advice?

Seems odd to me.

In the current case, I think it's unwise for the son to act as solicitor for the parents. If there is any falling out at a later stage, it could be very awkward. If they use an independent solicitor, the likelihood of a dispute is much lower.

Brendan
 
Is that the law, the Law Society rules or just good practice?
Law society rules

If a parent gifts a house to a child, the child must get separate legal advice?
Yes

Seems odd to me.
It deals with the question of (possible) undue influence

In the current case, I think it's unwise for the son to act as solicitor for the parents. If there is any falling out at a later stage, it could be very awkward. If they use an independent solicitor, the likelihood of a dispute is much lower.
True - but there is no legal reason why they can't act.

mf
 
Thanks a million for the replies. It would be the son acting for his brother, the transferee.. because the parents have a separate solicitor..
 
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