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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9340
Experience:  I have been practising for 30 years.
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My mother is still alive at the age of 104. I am the power

Resolved Question:

Hi, my mother is still alive at the age of 104. I am the power of attorney.I have a copy of her will and I notice there are things on it that because of the passing of time are no longer relevant eg my cousin died earlier this year the bank account named is no longer in existence my daughter is now married and has a new name and I think some of the wording needs changing because of the money being spent on her keep in a home.Also in case all her money goes can I give the only other benificary than the family their gift now.
Would it be necessary for me to see a solicitor about these things. Ahe does have one
Many thanks *****
Submitted: 11 months ago.
Category: Law
Expert:  F E Smith replied 11 months ago.

Does your mother have the mental capacity to write another will?

If not, then she cannot do another one and your power of attorney does not allow you to do one on her behalf.

The daughter’s new name is ***** ***** she is the same person.

If the cousin died, the cousin’s share goes to residue and is divided between the remaining beneficiaries named in the residue clause if there is no provision in the gift to your cousin as to what happens if your cousin left children.

The Power of Attorney does not give you the right to make an advancement of a bequest. To pay for the care, the local authority cannot touch the last £23,000 of your mother’s assets.

Can I clarify anything else for you?

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Best wishes.

FES

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