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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10458
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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I have an existing will with 2 of my 3 children having Enduring

Resolved Question:

I have an existing will with 2 of my 3 children having Enduring Powers of Attorney. I now wish to add another son who works abroad and I believe that he will have to have Lasting Power of Attorney. Do I have to alter the original 2 children to Lasting Power of Attorney or can they remain as Enduring Power of attorney as shown in the existing will?

THANK YOU
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.

A Power of Attorney exists during your lifetime, and upon your passing, whoever has been appointed as Executor(s) in your Will, are responsible for dealing with your Estate.

Could yo uplease therefore confirm whether you would like to add your 3rd child as an Attorney, so he can act on your behalf during your lifetime, or whether you are wishing to appoint him as Executor of your Will?

I look forward to hearing from you.

Kind Regards

AL

Customer: replied 3 years ago.

I would prefer it if he could fulfil both roles - Executor and Lasting power of attorney but are there any implications if I did this? Thanks

Expert:  Aston Lawyer replied 3 years ago.

Hi John,

Thanks for your reply.

As you are probably aware, new EPAs (Enduring Powers of Attorney) can no longer be created.

LPAs (Lasting Powers of Attorney) have now replaced EPAs.

If someone has already made an EPA and still has capacity, they can either replace it with a new LPA or can keep the existing EPA. Therefore, if you wished to add your 3rd child as an Attorney, this would entail you in obtaining a new LPA, at which point the existing EPA would cease to have any effect.

As regards ***** ***** this would be more straight forward. All you wwould need to do is to instruct your Solicitor to prepare a "Codicil" confirming that you would like to add your 3rd child as Executor with your other two children. This is a short document, but does need to be executed by you in th esame way as a Will is executed (ie with 2 independent witnesses).

I hope this helps and answers your question.

Kind Regards

AL

Customer: replied 3 years ago.

Hi, Al


 


Sorry but I am still unclear re giving my overseas son a Lasting Power of Attorney. If I did this would my 2 children, who have existing Enduring Power of Attorney lose this and that they too would need to have Enduring Power of Attorney? If so, presumably I would need to set up 3 Enduring Power of Attorney.


 


John

Expert:  Aston Lawyer replied 3 years ago.

Hi John,

Thanks for your reply.

The only way yo ucan add your thrid son as an Attorney is by getting a new Lasting Powers of Attorney done. You can appoint all 3 children to act as Attorneys for you in such a document.

If you prepare a new Lasting Powers of Attorney, then the existing Enduring Power of Attorney then becomes invalid.

You can thereofre leave matters as they are with your 2 children continuing to act under the Enduring Power of Attorney, or you can prepare a new Lasting Powers of Attorney appointing all 3 children as Attorneys.

I hope this clarifies matters.

Kind Regards

AL

Customer: replied 3 years ago.

Thank you, Al. No need to reply. ALL CLEAR.


 


John

Expert:  Aston Lawyer replied 3 years ago.

Thanks John!

If you are happy with my Answer, I would be grateful if yo uccould leave positive feedback.

Best Wishes

AL

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