Quizzes & Puzzles4 mins ago
POA and Will
3 Answers
If I have POA for someone and am also named as chief beneficiary in their Will, can they be bullied by someone to change their Will, or would it be invalid if I (as acting on their behalf) was not informed of the change?
Many thanx
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If they were coerced into changing the will (and it could be proved - very much another matter) then the will could be invalidated on that ground.
I don't think your POA is relevant - presumably it's not exclusive and they can still make some decisions on their own. I don't think you would not have to be told.
Maybe you should seek legal advice - I'm not 100% confident of the above.
I don't think your POA is relevant - presumably it's not exclusive and they can still make some decisions on their own. I don't think you would not have to be told.
Maybe you should seek legal advice - I'm not 100% confident of the above.
If you have an EPA and it has been registered because they now lack capacity, changing their will is out of the question unless the Court of Protection get involved and make a statutory will.
If they still have capacity it is, of course, possible for them to be bullied into changing their will and the fact that you had not been informed is neither here nor there. Challenging a will on the grounds of undue influence is extremely difficult since undue influence has to be proved. However, challenging it on the basis of lack of knowledge and approval is somewhat easier. That said, prevention is better than cure. Try talking to this person and explain your concerns. I would also suggest that you keep a contemporaneous note of everything that happens - it is easier to recall details from notes rather than from memory 10 years later.
If they still have capacity it is, of course, possible for them to be bullied into changing their will and the fact that you had not been informed is neither here nor there. Challenging a will on the grounds of undue influence is extremely difficult since undue influence has to be proved. However, challenging it on the basis of lack of knowledge and approval is somewhat easier. That said, prevention is better than cure. Try talking to this person and explain your concerns. I would also suggest that you keep a contemporaneous note of everything that happens - it is easier to recall details from notes rather than from memory 10 years later.
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