just another idea re wills being contested

catcuddler2 | 20:02 Mon 05th Apr 2010 | Law

2 Answers

if my dad gave me power of attorney would that mean any other sibling who has been left out of the will would be unable to contest the will as i am responsible for my dads finances or am i being too simplistic?
TIA

Property held in trust

where do i stand

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joggerjayne

A Power of Attorney ceases to have any effect at the moment of death.

A Will only comes into effect at the moment of death, and cannot be challenged until then.

Ergo ... the previous wxistence of a Power of Attorney is not relevant to the ability or otherwise to challenge a Will.

dzug2

The will is the one item an attorney has absolutely no power over. If you were to make/attempt to make one on behalf of the donor then a challenge to it is bound to succeed - it's invalid.

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