Business & Personal Powers of Attorney
The Harold Benjamin Private Client team is regularly consulted by clients who are concerned that they – or another family member – may become unable to deal with their affairs due to physical or mental deterioration. The Lasting Power of Attorney (LPA) process entrusts the control of these matters to a nominated person or people they trust to make those decisions on their behalf.
Whether this requires a health and welfare LPA which appoints people to make decisions about medical care and one’s living situation or a property and financial affairs LPA which appoints representatives to make decisions about one’s money and property, we can help.
We are also able to assist if an individual has not made an LPA and is no longer able to deal with their affairs. We can advise on the process of applying to the Court of Protection to appoint a Deputy to look after one’s financial matters.
Private Client team
Arti Thakrar
Legal Director, Private Client
Davina Puran
Solicitor, Private Client
Geoff Dennis
Partner & Head of Private Client
Nikita Mayani
Associate Solicitor, Private Client
Private Client pocket guide
Recent case studies
Building Safety Act
Advising a commercial tenant on the acquisition of a long leasehold interest in a mixed-use building, including detailed analysis of liabilities and protections arising under the Building Safety Act 2022. Advising purchasers and lenders on Building Safety Act compliance, remediation obligations and the impact of building safety risks on commercial property transactions.
Pre-Letting of New Build Commercial Unit to Blue-Chip Occupier
Acting for a developer in connection with the pre-letting of a new-build commercial unit to a national blue-chip occupier. The transaction involved negotiating a conditional agreement for lease linked to practical completion of the development and securing a long-term occupational commitment prior to completion of the scheme.
Disposal of High-Value Residential Property
Acted on the sale of a residential property for just under £8 million, managing a complex transaction involving overseas purchasers, strict exchange deadlines and multiple stakeholder interests.
Acquisition of £11.6 Million Retail Park
Advised a property investment company on the acquisition of a multi-let retail park valued at approximately £11.6 million. The transaction involved extensive due diligence across multiple occupational leases, title investigations, financing arrangements and asset management considerations.
Advising existing client on the purchase of 52 Princes Gate, London, SW7 2PG and lease back to Imperial College
The firm acted for a long-standing investor client on the £12.5 million acquisition of a freehold listed property in central London from Imperial College London, with Savills acting as selling agents. The team advised throughout a complex tender process, carried out extensive due diligence, and resolved issues relating to acquired rights and adverse possession. Despite the transaction’s value and complexity, it was completed within a demanding timetable, with exchange and completion taking place simultaneously. A leaseback to Imperial College was secured, generating annual rental income of £516,000 and delivering a successful long-term investment for the client.
Advising on the acquisition by way of pre-letting of a prime Central London flagship store for a luxury brand
We acted for a luxury brand in securing a new-build agreement for lease of a flagship 30,000 sq. ft. retail store on Bond Street. The transaction was completed on an accelerated timetable, reaching exchange within just seven days following the negotiation of key documents and due diligence on approximately 400 legal documents. Our role included coordinating multiple parties and professional advisers, conducting risk analysis and due diligence, negotiating transaction documents, and providing strategic legal advice. The matter involved a complex, high-value structure, tight deadlines, and cross-border elements. The successful outcome secured a rare opportunity for our client to occupy a prime Central London flagship store despite strong competition from rival luxury brands.
Advising on the Administration of an Insolvent Estate.
This was an unusual estate administration where liabilities exceeded assets, leaving no distribution available to beneficiaries. The entire estate was therefore administered for the benefit of creditors, requiring the application of insolvency principles under the Insolvency Act 1986. The firm effectively acted in a role similar to an insolvency practitioner, reviewing and prioritising claims from banks, HMRC, and family members to ensure correct legal ordering of payments. A key issue involved a secured loan over the deceased’s property, repaid by a third party prior to sale. This raised complex equity considerations regarding subrogation and creditor status. The estate was successfully administered in full, with all debts resolved in accordance with the proper legal framework. A key issue involved a secured loan over the deceased’s property, repaid by a third party prior to sale. This raised complex equity considerations regarding subrogation and creditor status. The estate was successfully administered in full, with all debts resolved in accordance with the proper legal framework.
Acting for pub landlord in High Court appeal against refusal of opposition to new lease on redevelopment grounds
The landlord opposed a tenant’s request for a new lease of pub premises under ground (f) of section 30(1) of the Landlord and Tenant Act 1954, relying on an intention to redevelop the property into residential flats and mews houses. To succeed, the landlord had to show that redevelopment works would begin within a reasonable time after termination of the tenancy. However, the proposed works were delayed by 10–14 months due to the need for site access to carry out tests for a planning application, which the tenant had refused. The trial judge initially considered this delay reasonable. On appeal, the High Court held that the landlord had not demonstrated a sufficiently prompt intention to commence works, finding 10–14 months too long. The case provides guidance that redevelopment opposition is difficult where further steps, such as planning permission, remain outstanding.
Insights
Lasting Powers of Attorney – A Guide to an Attorney’s Duties
Estate Planning, Powers of Attorney
7 Mar 2025
Why Choosing a Regulated Legal Practice is Essential for Your Peace of Mind
Estate Planning, Private Clients
24 Sep 2024
Leasehold Reform is here (sort of) – the Leasehold and Freehold Reform Act 2024
Real Estate, Residential Property
6 Jun 2024
Top 5 things to know about wills
Private Clients, Wills, Trusts and Probate
20 Oct 2023
Harold Benjamin’s Legal Director on why his new role is like ‘Coming Home’
Private Clients
12 Sep 2023
Embedding Sustainable and Eco-friendly Design in Residential Property Development.
Construction, Development and Planning, Residential Property
5 Sep 2023
Illegal cannabis farming by tenants – A growing problem for landlords
Real Estate, Residential Property
19 Jul 2023
83 is the magic number
Real Estate, Residential Property
13 Jul 2023
Intestacy: the common misconceptions
Estate Planning, Private Clients, Uncategorized
6 Apr 2023
Why do I need a solicitor to re-mortgage my home?
Real Estate, Residential Property
28 Feb 2023
Lending against cladded buildings
Residential Property
21 Feb 2023
Share of Freehold – How to give the taxman a windfall by doing nothing.
Lease Extensions, Real Estate, Residential Property
9 Feb 2023
Conditional Exemption for Heritage Property: what is it and how does it work?
Estate Planning, Fine Art, Wills, Trusts and Probate
29 Sep 2022
Lost the will, find a way!
Estate Planning, Wills, Trusts and Probate
31 Aug 2022
Welcome to the new world of (no) ground rent (sort of).
Lease Extensions, Residential Property
16 Aug 2022
Lasting Power of Attorney (LPA) – Do I need it?
Powers of Attorney, Private Clients
19 Jul 2022
Is your art in the right place?
Fine Art, Wills, Trusts and Probate
5 May 2022
The Leasehold Reform (Ground Rent) Act 2022 – What to expect
Real Estate, Residential Property
3 May 2022
Inheritance Tax and the Acceptance-in-Lieu Scheme: What is it and how does it work?
Estate Planning, Fine Art, Wills, Trusts and Probate
26 Apr 2022
“Share of Freehold”: not necessarily a sweet deal
Private Clients, Real Estate, Residential Property
12 Apr 2022
High Court Declares ‘Illiterate’ Business Tycoon’s £100 Million Will Invalid
Wills, Trusts and Probate
23 Mar 2022
Teenager’s Wishes and Feelings Prevail in Finely Balanced Adoption Case
Family Offices, Private Clients
18 Mar 2022
Affordable Housing Shortage Proves Decisive in High Court Planning Case
Real Estate, Residential Property
17 Mar 2022
Moral and Legal Obligations are Different – Family Inheritance Dispute
Private Clients, Wills, Trusts and Probate
10 Mar 2022
The Legal Status of Property Guardians – Court of Appeal Clarifies the Law
Real Estate, Residential Property
9 Mar 2022
Father Probably Responsible for Fatal Poisoning – Family Judge’s Findings
Family Offices, Private Clients
7 Mar 2022
Do You Object to a Neighbour’s Development Plans? Consult a Solicitor
Construction, Development and Planning, Residential Property
4 Mar 2022
Divorce – Fairly Dividing Marital Assets is Not a Blame Game
Family Offices, Private Clients
23 Feb 2022
Housing Project Survives Historic Airfield Owner’s High Court Challenge
Real Estate, Residential Property
21 Feb 2022
Update Your Will Today – This is What Can Happen If You Don’t
Private Clients, Wills, Trusts and Probate
17 Feb 2022
