How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask F E Smith Your Own Question
F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9324
Experience:  I have been practising for 30 years.
18203470
Type Your Law Question Here...
F E Smith is online now

My Aunt made an Enduring Power of Attorney in 2001 and named

Resolved Question:

My Aunt made an Enduring Power of Attorney in 2001 and named my ex husband and I(her niece) as executors. As my husband and I are now divorced she would like it altered to add my brother instead of my husband. Can this be done easily and cheaply or alternatively could I just act on my own without reference to my ex husband as it does say ' jointly and severally'?
Submitted: 11 months ago.
Category: Law
Expert:  F E Smith replied 11 months ago.

In order to do anything at all, your answer will have to have full mental capacity. The following assumes that she does.

It is relatively easy to remove an attorney by doing a partial deed of revocation as explained here

https://www.gov.uk/power-of-attorney/end

however replacing attorney is a lot more problematicalwhich is going to require another application.

Here is an interesting article on the pitfalls and problems

https://www.kingsleynapley.co.uk/news-and-events/blogs/private-client-law-blog/lasting-powers-of-attorney-the-pitfalls-of-appointing-successive-replacement-attorneys

can I clarify anything for you?

Customer: replied 11 months ago.
Dear Mr Smith
Thank you for your reply. It would seem that the best idea is to have a completely new LPA . That being the case what would be your estimate of a fair cost for such if we use a solicitor . Do you think we could in the circumstances do it ourselves by downloading the forms etc if we also send the revocation application as well?
Expert:  F E Smith replied 11 months ago.

A solicitor will normally charge £600-£800 plus the court fee.

There is no reason why you cannot do it yourself and save those costs.

Please rate the service positive. It’s the process by which experts get paid.

We can still exchange emails. Best wishes.

FES

F E Smith and 2 other Law Specialists are ready to help you