An independent RES exam study resource — not a Government website and not affiliated with the Council for Estate Agencies (CEA).Find My OrderHow to identify official CEA sources
Browse Papers
Home / Free RES questions / Powers of attorney and wills
← All powers of attorney and wills questions

Under a plain power of attorney the donor is capable but unavailable

A worked RES examination question on powers of attorney and wills, from our Paper 1 bank — with the rule it turns on, and why each of the four options is right or wrong.

Paper 1Lesson 2Powers of attorney and willsFree — no sign-up

The question

An owner is abroad on a long posting and cannot attend to sign the papers for the sale of his house, though he is in good health and has himself decided to sell. He appoints his brother to act for him in Singapore.

Which statement is correct?

  1. A. The brother may decide whether and at what price to sell, standing in the owner's place.
  2. B. The brother may sell only with the written approval of the buyer's solicitor first.
  3. C. The brother may do nothing until the owner returns, an absent owner suspending the sale.
  4. D. The brother may sign the documents, but the decision to sell remains the owner's own.

The answer, and why

Answer: D

The rule. Under a plain power of attorney the donor is capable but unavailable. The donee may sign the documents; the decision whether and at what price to sell stays with the owner.

Why D is correct. The brother may sign, but the decision to sell remains the owner's.

The other options.

  • A gives the brother the decision.
  • C suspends the sale until the owner returns, when signing is exactly what the power of attorney enables in his absence.
  • B invents a buyer's-solicitor approval.

Exam note. A plain power of attorney conveys the pen, not the judgement. The owner still decides; the donee only signs.

More on Powers of attorney and wills

Read all Powers of attorney and wills questions on one page →

Want a full paper instead of one question?

The free half-paper is 20 questions with a Section B case study, explained to this same depth. The paid sets are ten full 80-question papers across Paper 1 and Paper 2, every figure checked against the current IRAS, CEA, HDB, URA and SLA position.

Free 20-question paperThe papers in PDF

Looking for past-year papers? CEA doesn't publish them — here's what it does publish.

Independent study material. Not affiliated with or endorsed by the Council for Estate Agencies. No pass guarantee — for study use only.