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Buachaill, Barrister
Category: Law
Satisfied Customers: 10953
Experience:  Barrister 17 years experience
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My sister has Lasting Power of Attorney for my mother finances.

Customer Question

My sister has Lasting Power of Attorney for my mother finances. She has told me that she is selling mum's house now. But, has also told me it is stated in Mum's will,. house must be sold when Mum passes away. Can she sell it, knowing that once mum has passed away her POA ceases. It seems to be very contradictory to me.
Submitted: 4 years ago.
Category: Law
Expert:  Buachaill replied 4 years ago.

Buachaill :

1. There is nothing preventing a person, such as your sister, who holds a Power of Attorney over your mother's finances from selling her house, if this is necessary to ensure the upkeep of your mother. However, if it is not necessary, then it is an improper exercise of the POA. Either way, it does not matter what is stated in your mother's will, as a will is only operative as of the date of death and has no application before then. In all respects, it is irrelevant to the decision to be taken today as to the sale of the house, that there is a will which may at one time become operative which states that the house must be sold after death. That will has no legal impact or application until the date of death.

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