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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10411
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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I am an only child of 50 years of age. Ten years ago I

Resolved Question:

Hi
I am an only child of 50 years of age.
Ten years ago I left my husband and my parents cut me off completely for 5 years.
During that time my parents house was willed to my two children.
For the last 5 years I have been back in my parents life (at their invitation) and have looked after my Dad who has advanced lung cancer now.
Two months ago my son of 23 years of age applied for lasting power of attorney for both my parents.
My Dad wants to sell their house and me to sell my mine and pool the resources so that when he has passed I can take care of Mum (she is unable to care for herself)
My son won't hear of it as he sees it as his and his staff sisters inheritance.
Because of the trouble it has caused Dad wants to will his half of the house to me but can he do this now with my son having lasting power of attorney?
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.

Hello and thanks for using Just Answer.

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

Could you please just confirm that your Dad still has full mental capacity?

I look forward to hearing from you.

Al

Customer: replied 2 years ago.
Yes my Father has full mental capacity
Thank you
Expert:  Aston Lawyer replied 2 years ago.

Hi Fiona,

Thanks for your reply.

Well, there is no reason whatsoever stopping your Dad from making a Will and leaving his share to whoever he likes. The fact your Son is his attorney under the LPA is irrelevant.

Provided there is no question over your Dad's mental capacity, he can make a Will, leaving his half share of the proeprty to you and there is nothing your Son can do to stop this and nor could your Son contest the Will whenever anything happens to your Dad.

I hope this assists you and sets out the legal position.

Kind Regards

Al

Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10411
Experience: Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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