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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9777
Experience:  I have been practising for 30 years.
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My great aunty has put me in a will with her niece my

Resolved Question:

Hi my great aunty has put me in a will with her niece my aunt....my great aunty has left us half share each of the house....my aunt has power of attorney can she change the will to kick me out of the will before or after my great aunts death.?
Submitted: 29 days ago.
Category: Law
Expert:  F E Smith replied 29 days ago.

Hello - who is the executor of your great aunts will?

Customer: replied 29 days ago.
Her husband
Customer: replied 29 days ago.
My aunts husband
Expert:  F E Smith replied 29 days ago.

Thank you. This is actually not an uncommon question and the answer is very simple. Even though your aunt may have power of attorney, and she can deal with all of your great aunt’s effects as though they were her own, albeit only for your great aunt’s benefit, probably the only thing that she can’t deal with is your great aunt’s will.

The only person that can change your great aunts will is your great aunt.

The answer is very simple.

BUT if you can get a copy of the will, so much the better because don’t be at all surprised if your aunt decides that she wants to commit fraud and tears up the will and says that it never existed and of course then the house would be dealt with under the terms of intestacy which may disadvantage you.

Alternatively, there may be an earlier will which was favourable to the niece and she may want to rely on that.

I’m sorry to be cynical but I have seen all this happen before.

. Can I clarify anything else for you?

I’m happy to answer any specific points arising from this.

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Best wishes.

FES.

F E Smith and 2 other Law Specialists are ready to help you
Customer: replied 29 days ago.
Thank you for your advice very helpful.