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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10459
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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If someone dies and there is a person nominated as power of

Resolved Question:

If someone dies and there is a person nominated as power of attorney but a spouse survives, what are the rules regarding wills if the power of attorney person is also one of 2 executors? who has overriding authority?
Submitted: 3 years ago.
Category: Law
Expert:  Aston Lawyer replied 3 years ago.
Hello and thanks for using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

Upon death, the Power of Attorney ceases to exist, and the Executors named in the Will have the power and duty to deal with the Estate.

I hope this assists and sets out the legal position to me.

Please let me know if you require any further clarification.

Kind Regards
AL
Customer: replied 3 years ago.

Hi Al, thank you for responding. What if power of attorney is on behalf of married couple, one dies, other is Sectioned, and power of attorney holder is one of 2 executors? Can other executor who does not have power of attorney demand a solicitor is engaged?

Expert:  Aston Lawyer replied 3 years ago.

Hi,

Thanks for your reply.

If there are 2 Executors, they both have equal power full stop. Just because one holds Power of Attorney for the surviving spouse/was Attorney for the deceased, makes no difference.
I'm afraid, legally, there is no easy solution if one Executor wishes to appoint a Solicitor and the other doesn't. They both have to come to an agreement, to enable them to carry out their duties.

I hope this helps.

Kind Regards
AL
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