INSTRUCTIONS TO TV EDWARDS LLP
(PURCHASE)
Please complete the appropriate section(s) and email to Naomi.Jones@tvedwards.com
CLIENT(S) DETAILS:
Full Name(s)
Forename(s)
Date of Birth
Surname
National Insurance Number
Forename(s)
Surname
Date of Birth
National Insurance Number
Address:
Tel. Number(s): Home
Work
(Mobile)
Email
Details of Property to be Purchased:
Address of property
Purchase price £
Name of seller
Address of seller
Name of seller’s solicitors (if known)
Address of seller’s solicitors (if known)
Is your purchase dependent upon the sale of your existing property? ☐Yes ☐No
Deposit:
Have you paid a preliminary deposit? ☐Yes ☐No If so, how much £
Mortgage:
Are you taking a mortgage on the property? ☐Yes ☐No
If yes, name of mortgagee (bank/building society etc)
Address
Amount of new mortgage advance £
Is the new mortgage endowment or repayment
If endowment, who is arranging your insurance
As part of transaction we may need to liaise with your lender with regards to the terms of the
transaction (including where the terms of the transaction change) or otherwise and by signing this
Address: 35 Mile End Road, E1 4TP
Naomi.Jones@tvedwards.com
form you confirm your authorisation for us to do so without reverting to you for your further
instruction in this regard.
Survey:
We recommend that you have a structural survey carried out on the property. Do you intend to
do this? ☐Yes ☐No
If yes, with whom:
Others living at property:
Will there be anybody living at the property with you who is not purchasing the property and who is
over the age of seventeen? ☐Yes ☐No
If so, please provide name(s) and current
Completion:
Subject to circumstances permitting, what is the earliest approximate date that you would like this
transaction to complete
Identification:
We are required by the Proceeds of Crime Act 2002 (POCA) to obtain identification from all clients.
Please send us with this form a copy of your passport or photo driving licence and bank statement
or utility bill (not more than three months old) showing your current address. Please note that where
you are purchasing with the assistance of a mortgage we will need to see original identification papers
prior to completion so as to comply with the requirements of your mortgage lender.
Completion monies:
Do you anticipate having to provide additional monies from your own resources to complete your
purchase? ☐Yes ☐No
If yes, how much?
Owing to the POCA we now have to ask you to disclose the source of the funds. Please confirm (e.g.
savings, gift, loan, inheritance, sale of property, premium bonds etc).
In accordance with our obligations under POCA we reserve the right to request evidence of the source
of funds
Wills:
We recommend that everyone should make a Will in order to ensure that they leave all their property and
other assets to whomever they choose rather than relying on the rules of intestacy. If you have already
made a Will we recommend that you should review it every five years. We are one of the first firms in
the country to be awarded the prestigious Wills and Inheritance Quality Scheme by the Law Society.
Do you have a Will? ☐Yes ☐No
If yes, would you like us to contact you to arrange a review of your Will free of charge? ☐Yes ☐No
If no, would you like us to contact you to discuss making a Will? ☐Yes ☐No
Joint tenancy or tenancy in common?
When property is owned by two or more people for their own benefit, it is expressed to be owned by
them either as joint tenants or tenants in common. These are legal terms which may best be described as
follows:
Joint tenancy:
Address: 35 Mile End Road, E1 4TP
Naomi.Jones@tvedwards.com
For practical purposes, this applies if it is intended you will each hold one equal share in the property.
Under a joint tenancy, and upon the death of one of the co-owners, the deceased's share will automatically
and immediately pass to the surviving co-owner, irrespective of any direction in your will or under the
terms of the deceased's intestacy. If you wish your co-owner to receive the whole of the property upon
your death then a joint tenancy should be utilised. Please note however that a joint tenancy can be
severed at any time by either party so that the property is then held as tenants in common and unless a
declaration of trust is prepared setting out each party's entitlement to the equity there will be a starting
presumption that each joint owner will be entitled to an equal share of the equity. If unequal
contributions are being made to the purchase of the property it may be more appropriate for the property
to be held as tenants in common (as to which please see below). Please also note that a bankruptcy order
in relation to any of the joint owners will also sever the joint tenancy.
Tenancy in common:
Upon the death of one of the co-owners the deceased's share does not pass to the other surviving coowner but remains part of the deceased's estate and will pass as directed under any will as made by the
deceased person or to his or her next of kin as appropriate under an intestacy. Under a tenancy in
common, the property can be held by you in unequal shares and may therefore reflect the percentages to
which you will each be entitled from any future sales of the property. If the property is to be held in
unequal shares each party's entitlement to the equity can be recorded either in the transfer document or in
a separate declaration of trust. Such a declaration is useful evidence as to the intention of the parties
where unequal contributions are made. This may be useful in the future in the unfortunate event of a
dispute as to entitlement (e.g in the event of the relationship of the joint owners breaking down) or in the
event of a third party (e.g a creditor or trustee in bankruptcy) seeking to establish the entitlement of a joint
owner. If you require any further advice in this regard please let me know
If a tenancy in common is to be used then the owners must consider making a will. Please also note that
if co-owners subsequently marry then their shares in the property may subsequently be varied by a
divorce court in any event.
Independent Legal Advice
We cannot advise you how to jointly own the property as this is your decision. In circumstances where
you are not equally contributing towards the purchase price of the property, we strongly recommend that
you each take independent legal advice.
Action required by you:
We require:
1.
The property to be held as joint tenants ☐Yes ☐No
2.
The property to be held as tenants in common ☐Yes ☐No
(If tenants in common denote here the shares) ☐Yes ☐No
3.
Further advice before we make any decision ☐Yes ☐No
4.
A member of the Wills team to contact us to review/make ☐Yes ☐No
5.
Our current Wills to be registered with the National Will Register - Certainty ☐Yes ☐No
6.
Further advice about Wills and the Certainty Will Register ☐Yes ☐No
Address: 35 Mile End Road, E1 4TP
Naomi.Jones@tvedwards.com
I/we understand the information contained in this form and I/we hereby confirm instructions for you
to act on my/our behalf in connection with my/our proposed purchase. You have our authority to file
the signed Stamp Duty Land Tax Form.
Signed
Date
Signed
Date
I ENCLOSE THE SUM OF £300.00 ON ACCOUNT OF COSTS.
Please complete the appropriate section(s) and email to Naomi.Jones@tvedwards.com
Address: 35 Mile End Road, E1 4TP
Naomi.Jones@tvedwards.com