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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 10238
Experience:  I have been practising for 30 years.
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My mother had made a will a while ago, and know she has

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my mother had made a will a while ago, and know she has vascular dementia. her wishes are different now to when she made the will. My elder sister was present at the making of the will and is executor to it. It was my mother's wish to have me her eldest son as lasting power of attorney for both health and welfare, and finance and property. I wanted to know is the will my sister has still standing? and if anything happened to my mother for the worst do I as power of attorney have any right to over turn the will.

If you have got a lasting power of attorney now, it does not give you the power to overturn the will. If you do not have a lasting power of attorney now, you would have to make an application to court to become what is called a deputy in order to be able to deal with your mother’s affairs. You can do this yourself although the paperwork is a minefield and the majority of people who start doing it themselves end up giving it to a solicitor. A solicitor will charge about £2000 and it takes several months to be completed.

Provided your mother was a full mental capacity when she wrote the will, even though her wishes may now have changed, the will is still valid.

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Best wishes.


Customer: replied 1 year ago.
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I’m glad to help you. If you could rate the service positive using the rating system, that would really help me.

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