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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34266
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I have Everlasting Power of Attorney mother's affairs.

Resolved Question:

I have Everlasting Power of Attorney for my mother's affairs. Both myself and my sister are beneficiaries of her will. If I pass away before my mother, I understand her will would no longer apply, so does that mean that my sister will inherit in total, or would my children still receive my share?
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstDo you know what the Will actually says should happen if either you or your sister died before your mother?
Customer: replied 1 year ago.
Thank you for your reply. Inheritance will pass to grandchildren in the event of my sister or myself dying before being able to take a vested interest. I read a similar question in the newspaper which was answered by saying the will would become null and void if the Power of Attorney died before the benefactor. Therefore would go to probate and normal rules of inheritance would apply, which I assume would mean the nearest direct descendant would inherit in total. Please advise.
Expert:  Clare replied 1 year ago.
In fact the Power of Attorney and the Will are entirely separate issues dealing with entirely different issuesThe Power of Attorney ends of the death of the Donor and the Will then comes into force.This is the case whether or not the holder of the Power has pre deceased the donorYou have no cause for concernPlease ask if you need further details
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