Last will & teastament - trouble ahead?

Dalglish44

Hi
My 80 years old mother made out her will in 2007 & I would like your comments please on recent developments. This will has both me & my one sibling, a brother, as sole beneficiaries. My brother & I are also joint executors of her will. I have also discovered today that my mother has appointed my brother to have power of attorney over her estate.
My mother has recently come under pressure from my brother & his wife to sell her house and relocate to a distant part of the UK from myself and move in with both my brother and his wife. This event led me today to ask my mother to view her will.
The Enduring Power of Attorney document I have been shown today by my mother appears to state that the appointed attorney, namely my brother, has full control without restriction, to administer her estate and to deal with her money or property and may be able to sell her house.
My question is, should I have cause for concern and does this Enduring Power of Attorney document make the will in which both my brother and I are named beneficiaries, worthless?
Many thanks
Sam

Debt_Free_Chick

The EPA only applies whilst she is alive. On death, her estate falls to be dealt with by the executors (you and brother).

I guess your concern though is that the EPA might give your brother the opportunity to "plunder her assets" for his own benefit, whilst she's alive leaving very little or nothing to be passed on in her will. Sorry, but I'm not sure how to prevent this or what your options are should it happen ... but it is a realistic threat?

DVardysShadow

Debt_Free_Chick wrote: »

I guess your concern though is that the EPA might give your brother the opportunity to "plunder her assets" for his own benefit, whilst she's alive leaving very little or nothing to be passed on in her will. Sorry, but I'm not sure how to prevent this or what your options are should it happen ... but it is a realistic threat?

I doubt it can be prevented - but as executor after death, there may be a duty to recover assets plundered in this way ????

Running_Horse

I guess it's called a will because that is her will.

Dalglish44

Thanks Debt Free Chick/ all - very helpful.
Yes, I am concerned and see this as a real threat. My mother now wants to revoke the Power of Attorney but is unsure if she can do this at a different solicitors from the one she set it up in. As a serving police officer, my brother had arranged the PoA at a solicitor firm local to his station - you can see where I'm going with this??
Any thoughts?

DVardysShadow

Dalglish44 wrote: »

Thanks Debt Free Chick/ all - very helpful.
Yes, I am concerned and see this as a real threat. My mother now wants to revoke the Power of Attorney but is unsure if she can do this at a different solicitors from the one she set it up in.

If she is still of sound mind, it shouldn't matter.

As a serving police officer, my brother had arranged the PoA at a solicitor firm local to his station - you can see where I'm going with this??

Not exactly, but I can see various avenues. The police are known for having an aura of integrity at least as much as they are known for having integrity.

googler

As someone who recently gained PoA over my mother's property and affairs, I'd encourage you to read the guidance notes at the Office of Public Guardian website http://www.publicguardian.gov.uk/index.htm

Whilst the PoA seems to grant unlimited access to your sibling, you should note that he is obliged to ALWAYS act in the best interests of the donor, your mother.

The PoA, if specified with certain restrictions, can't be indiscriminantly used whilst she is still of sound mind - it may have been completed such that it can only be used when she becomes incapable of handling decisions and affairs for herself.

If she is still of sound mind, and wishes to revoke the PoA, all she has to do is contact the OPG with supporting evidence from her solicitor or GP that she is of sound mind, as far as I recall...... there's no need to involve the solicitor who assisted with drawing up the original PoA (and also, there was no need for a solicitor to even draw that up)

googler

Notes here on revoking an Enduring PoA (which appears to be the 'old-syle' PoA, and has been replaced by Lasting PoA ...

http://www.publicguardian.gov.uk/arrangements/epa.htm

googler

... and see also Chapter 7 here, with its references back to 'Best Interests' of the donor, in Chapter 5...

http://www.publicguardian.gov.uk/docs/mca-code-practice-0509.pdf

googler

Oh, and agree with one of the previous posters; PoA has no effect once the donor passes away; it ceases on death, and the execution of her will then comes into force.

Lost2

My friends grandmother did just as the OP, her aunt talked her mum in to selling her house and move in with her and her husband.

After the grandmother past away, it was found that the daughter used her mums account to buy herself and hubbie a brand new Mercedes and BMW. That £40.ooo. was used to do the house up, and the old Ladies old age pension was paid in to daughter account.

She gave her other 2 younger siblings £2,000 each and they excepted that
the 2 other daughters did nothing about it, and yet they do nothing but complain about what the elder sister has done