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Power of Attorney
Is it true that if you are Power of Attorney, or witness for the paperwork to appoint a Power of Attorney, then you may not be entitled to inheritance in that persons will. I cant see how this can be true, but my brother thinks it is.
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No best answer has yet been selected by Kassee. Once a best answer has been selected, it will be shown here.
For more on marking an answer as the "Best Answer", please visit our FAQ.I used to write wills for a living (and advise people about the possible pitfalls) and I've never heard of this.
So I've just reached for three reference books on wills and the distribution of estates. Not one of them lists 'power of attorney' in the index (which I'd expect to see if your brother's idea was true).
Then I've looked at a few relevant web pages (and done a bit of googling) and I still can't find any relevant reference.
It's hard to prove a negative but I'd be prepared to put money on the idea that your brother is talking utter b0ll0x ;-)
Chris
So I've just reached for three reference books on wills and the distribution of estates. Not one of them lists 'power of attorney' in the index (which I'd expect to see if your brother's idea was true).
Then I've looked at a few relevant web pages (and done a bit of googling) and I still can't find any relevant reference.
It's hard to prove a negative but I'd be prepared to put money on the idea that your brother is talking utter b0ll0x ;-)
Chris
Yes Kassee that is correct.
Everyone should make a will and a surprising number of people do not, when Robert Holmes a Court died suddenly at the age of only 53 with a £330 million estate he was found to have carried a draft will for 18 months but had never signed it.
If you die without a will your estate may not be distributed in the way you would wish, even people who do not think they own enough to make a will should do so, the leaving of anything can bring out the worst (and best) in families.
Make sure your will is also clear there is the famous case of the testator who said “ All for Mother” the problem was he also called his wife mother, so who was to benefit the wife or mother?
If a beneficiary signs as a witness the will is still valid but the witness will not be able to benefit from the will.
To make a will the person must have mental capacity and be of the age of majority.
A Lasting Power of Attorney, which replaced the Enduring Power Of Attorney, must be registered with the Office of Public Guardian before it is used and there is a fee for registration.
I would suggest a Solicitor should prepare both a will and lasting power of attorney, but it is of course up you you.
Everyone should make a will and a surprising number of people do not, when Robert Holmes a Court died suddenly at the age of only 53 with a £330 million estate he was found to have carried a draft will for 18 months but had never signed it.
If you die without a will your estate may not be distributed in the way you would wish, even people who do not think they own enough to make a will should do so, the leaving of anything can bring out the worst (and best) in families.
Make sure your will is also clear there is the famous case of the testator who said “ All for Mother” the problem was he also called his wife mother, so who was to benefit the wife or mother?
If a beneficiary signs as a witness the will is still valid but the witness will not be able to benefit from the will.
To make a will the person must have mental capacity and be of the age of majority.
A Lasting Power of Attorney, which replaced the Enduring Power Of Attorney, must be registered with the Office of Public Guardian before it is used and there is a fee for registration.
I would suggest a Solicitor should prepare both a will and lasting power of attorney, but it is of course up you you.