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Old 14th July 2016, 10:38   #1 (permalink)
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Power of attorney regarding parents flat in gumbet

Hi I wonder if anyone has any experience with power of attorney in Turkey / UK. My parents brought a flat in Bitez and they want to leave it to my kids. My husband is Turkish so they were going to transfer deeds to him via selling it to him, as our kids are under 16. However my dad is now too ill to travel and their flat is in both their names on the TAPU. Does anyone know if the flat can be sold / transferred to my husband without both my parents having to travel to turkey. My mum can and is happy to fly out. Also we are going out next week, can we pay my parents annual tax to council on their behalf?

Thank you in advance for reading this thread and any advice given

Sarah
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Old 14th July 2016, 12:12   #2 (permalink)
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Re: Power of attorney regarding parents flat in gumbet

Quote:
Originally Posted by sarahp View Post
Hi I wonder if anyone has any experience with power of attorney in Turkey / UK. My parents brought a flat in Bitez and they want to leave it to my kids. My husband is Turkish so they were going to transfer deeds to him via selling it to him, as our kids are under 16. However my dad is now too ill to travel and their flat is in both their names on the TAPU. Does anyone know if the flat can be sold / transferred to my husband without both my parents having to travel to turkey. My mum can and is happy to fly out. Also we are going out next week, can we pay my parents annual tax to council on their behalf?

Thank you in advance for reading this thread and any advice given

Sarah
Yes it can be done.
It has to start in Turkey with a "sample POAs", one in English & one in Turkish but mirrored in translation, a Turkish lawyer is needed, preferably one who speaks English. Those are then sent to the UK where they are then taken to a notarised solicitor. Signatures are added, then sent off to London to be stamped & registered then back to Turkey. sounds complicated BUT the starting point is to make sure that the "sample POA" is in line with your Fathers wishes.

Ps, speedy recovery for you Father.
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Old 14th July 2016, 12:30   #3 (permalink)
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Re: Power of attorney regarding parents flat in gumbet

Quote:
Originally Posted by sarahp View Post
Hi I wonder if anyone has any experience with power of attorney in Turkey / UK. My parents brought a flat in Bitez and they want to leave it to my kids. My husband is Turkish so they were going to transfer deeds to him via selling it to him, as our kids are under 16. However my dad is now too ill to travel and their flat is in both their names on the TAPU. Does anyone know if the flat can be sold / transferred to my husband without both my parents having to travel to turkey. My mum can and is happy to fly out. Also we are going out next week, can we pay my parents annual tax to council on their behalf?

Thank you in advance for reading this thread and any advice given

Sarah
Wouldn't it me more advisable to transfer the deeds into both your name and your husband name
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Old 14th July 2016, 12:52   #4 (permalink)
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Re: Power of attorney regarding parents flat in gumbet

Dear Sarah, I am sorry your father is unwell. Your father can sign a POA to you that would be the best, as your mother is other joint owner and most land registries consider (bizarrely) one joint owner having POA on behalf of the other one as conflict of interest. You can represent your father, mum can represent herself and your husband can be the "buyer" all 3 of you can do it in a day and its straight forward.
The POA has to be prepared here in UK and notarised and legalised by FCO.
My firm handles these documents and there are quite a few firms you can instruct as well. You dont need to be in UK and dad does not need to personally come to London or to the notary office.
Hope this helps.

All the best.
Burcu
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Old 14th July 2016, 13:07   #5 (permalink)
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Re: Power of attorney regarding parents flat in gumbet

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Originally Posted by LondonLegalInt View Post
Dear Sarah, I am sorry your father is unwell. Your father can sign a POA to you that would be the best, as your mother is other joint owner and most land registries consider (bizarrely) one joint owner having POA on behalf of the other one as conflict of interest. You can represent your father, mum can represent herself and your husband can be the "buyer" all 3 of you can do it in a day and its straight forward.
The POA has to be prepared here in UK and notarised and legalised by FCO.
My firm handles these documents and there are quite a few firms you can instruct as well. You dont need to be in UK and dad does not need to personally come to London or to the notary office.
Hope this helps.

All the best.
Burcu
Any idea of the costs for the handling/dealing with these documents? Ball park figure will do.
I'm sure many people will face the same or similar circumstances.

A helpful post all the same Burcu.
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Old 14th July 2016, 13:20   #6 (permalink)
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Re: Power of attorney regarding parents flat in gumbet

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Originally Posted by Spurs View Post
Any idea of the costs for the handling/dealing with these documents? Ball park figure will do.a
I'm sure many people will face the same or similar circumstances.

A helpful post all the same Burcu.
For POA information can be found here
Make, register or end a lasting power of attorney

Cost is 110 for property and financial affairs LPA and a further 110 if your require POA for health and welfare LPA
Takes approx. 3 months from once forms are signed and sent off
You should consider appointing a replacement attorney in the event that someone no longer is capable of carrying out the role of an attorney or in the event that one of the attorney dies as without a replacement attorney on the POA the POA becomes null and void

Once you have received the POA it is very important that you get certified copies via a UK solicitor or UK notary
certified copies for POA via the Post office are not valid

https://www.gov.uk/power-of-attorney/register
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Old 14th July 2016, 23:22   #7 (permalink)
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Re: Power of attorney regarding parents flat in gumbet

The last POA I had which was only last year cost: -

UK side:
UK Notary 74.50
Apostille cost, inc solicitor handling fee and postage: 30+15+6
Postage to Turkey: 28.95

Turkish costs:
TR Notary & Translator 150.00


So a total cost of 304.45

_________________________________________
(can we pay my parents annual tax to council on their behalf?)

Yes just take document with the council registration number on it.
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Old 15th July 2016, 12:06   #8 (permalink)
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Re: Power of attorney regarding parents flat in gumbet

Quote:
Originally Posted by oldfogy View Post
The last POA I had which was only last year cost: -

UK side:
UK Notary 74.50
Apostille cost, inc solicitor handling fee and postage: 30+15+6
Postage to Turkey: 28.95

Turkish costs:
TR Notary & Translator 150.00


So a total cost of 304.45

_________________________________________
(can we pay my parents annual tax to council on their behalf?)

Yes just take document with the council registration number on it.
Excellent information................can LL beat that price?
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Old 15th July 2016, 17:00   #9 (permalink)
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Re: Power of attorney regarding parents flat in gumbet

Quote:
Originally Posted by LondonLegalInt View Post
Dear Sarah, I am sorry your father is unwell. Your father can sign a POA to you that would be the best, as your mother is other joint owner and most land registries consider (bizarrely) one joint owner having POA on behalf of the other one as conflict of interest. You can represent your father, mum can represent herself and your husband can be the "buyer" all 3 of you can do it in a day and its straight forward.
The POA has to be prepared here in UK and notarised and legalised by FCO.
My firm handles these documents and there are quite a few firms you can instruct as well. You dont need to be in UK and dad does not need to personally come to London or to the notary office.
Hope this helps.

All the best.
Burcu
Actually I only just noticed (or more to the point, read it properly)

But you say 'DAD' does not need to go to the Notary office, in which case how can it be verified from his passport that he is who he says he is when he also needs to sign in person in front of the notary?

Both parties 'MOM & DAD' need to attend the notaries office in person to sign and be witnessed they are who they say they are and are giving their POA to another person. (The only exception to that is unless the notary comes to them)
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Old 16th July 2016, 11:53   #10 (permalink)
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Re: Power of attorney regarding parents flat in gumbet

Thank you very much for all your information I am very grateful. My parents can now decide how they want to proceed.
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