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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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My aunt (no children) appointed 2 nieces as attorneys. When

Customer Question

my aunt (no children) appointed 2 nieces as attorneys. When she died at 99, a codicil had been written (4 years earlier, she suffered from dementia) favouring one of the niece's family and excluding the other niece's family. The niece who was favoured was present during the signing of the codicil, the other niece knew nothing about it until 6 months after death. She thought the family close and loving. When a codicil is written changing the major part of the Will would it be normal practice to include both of the attorneys? If not, would it be considered morally correct practice to do so or at least inform the other attorney of the change? The codicil was witnessed by 2 independent witnesses as well as her lawyer.
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.
1. Dear Diana, can you please explain what you mean by appointing two nieces as "attorneys". Were they executors? Were they trustees appointed under the will? Were they given a power of attorney? I note you state that the favoured niece's husband as named as executor. Was anyone else named as executor? Was any power of attorney exercised? Was the aunt of sound mind when she made the codocil? Did a psychologist attest to this at the time of the signing of the codocil? I am confused by the use of the word "attorney" as an attorney is another name for a lawyer or solicitor which has fallen out of use. It does not have any other usage in strict point of law.

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