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Buachaill, Barrister
Category: Law
Satisfied Customers: 10955
Experience:  Barrister 17 years experience
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Can someone with enduring power of attorney write out the

Customer Question

Can someone with enduring power of attorney write out the son (who happens to be the Executor of the will) of the person they are acting for from the will?
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.

1. Can you better explain the situation. Has the person who has made the Power of Attorney made a will? Are you the son of this person who has made the will? What the the Person with the power of Attorney (donee) doing in relation to the affairs of the person who gave the Power of Attorney (donor)? Do you believe that a person holding an Enduring Power of Attorney can change a will already made?

Customer: replied 1 year ago.
I am the granddaughter of the man whose will is in question.
According to my aunt (who has Power of Attorney), when my grandfather dies 90% of the estate will go to her, with £1,000 going to my uncle and £1,000 to his daughter (my cousin).
This is extremely bizarre as there were on-off arguments in the family but my father was never on less favourable terms than his brother, so for our whole family to be excluded from the will is very unusual, considering my father was appointed Executor of the will.
My father had a personal feud with my aunt, so it seems that she is responsible for this arrangement but obviously this cannot be proven.
Expert:  Buachaill replied 1 year ago.

2. At the outset, unless, your grandfather has actually made a will himself and has shown it to your aunt, there is no guarantee that what your aunt says is correct. YOur aunt, as holder of a Power of Attorney has no power to decide what is in a will or what is not. So, although your aunt is making assertions as to what is going to happen, there is no guarantee that this is correct. She can have no input into what is going to happen, even if she does have a Power of attorney. Secondly, even if your grandfather has written his son, your father, out of the will, your father can still make a claim under the 1975 Inheritance (Rights of Dependents) Act, to a share in the estate if he can show he was a dependent and was not properly provided for.

Expert:  Buachaill replied 1 year ago.

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