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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 10400
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

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Hi my great aunty has put me in a will with her niece my great aunty has left us half share each of the aunt has power of attorney can she change the will to kick me out of the will before or after my great aunts death.?

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

Customer: replied 6 months ago.
Her husband
Customer: replied 6 months ago.
My aunts husband

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.

Please take a moment to look at the top right hand corner of the page and rate my service by clicking one of the stars at the top of the screen. It’s important you use the rating service because that gives me credit. It doesn’t just give me a pat you. You are you, a place you say you are you so less you are The head! All you need to do is press Submit. Thank you. If you still need any point clarifying, I will still reply because the thread does not close.

Best wishes.


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Customer: replied 6 months ago.
Thank you for your advice very helpful.