How can Granny change her will without going through her POAttorney?

Saltwater_2

If Granny made a Will through her solicitor they should have taken extra precautions to prove her capacity.
They would have to see her alone to take instructions for her Will, or at least confirm her instructions alone, even if she wanted her daughter present.

madbadrob

Saltwater wrote: »

If Granny made a Will through her solicitor they should have taken extra precautions to prove her capacity.
They would have to see her alone to take instructions for her Will, or at least confirm her instructions alone, even if she wanted her daughter present.

Actually there is no requirement for that. The only requirement is that a witness cannot be a beneficary and that the witnesses must sign in the presence of each other and the testator and the testator must sign in front of them as well

Rob

Mojisola

Saltwater wrote: »

If Granny made a Will through her solicitor they should have taken extra precautions to prove her capacity.
They would have to see her alone to take instructions for her Will, or at least confirm her instructions alone, even if she wanted her daughter present.

madbadrob wrote: »

Actually there is no requirement for that. The only requirement is that a witness cannot be a beneficary and that the witnesses must sign in the presence of each other and the testator and the testator must sign in front of them as well

No legal requirement but it is best practice.

Saltwater_2

Sorry, i didn't mean to suggest that it was a legal requirment, it is what a firm of solicitors should do. If they don't, they leave themselves open to an allegation of undue influence by the person who was present from any one who does not like the contents of the Will. This would be extremely difficult for them to disprove, and their legal indemnity insurers would not be too happy with them.

mwddrwg

Another update for you.

Granny phoned my uncle end of last week to tell him that he's been put back in the will. In typical Granny fashion she admitted that she'd taken him off years ago an replaced him with her daughter's horrible husband as joint beneficiary! Uncle almost told her where to stuff her will at this point... he managed to stay calm and has now decided to go through with any inheritance as he has grandchildren that can benefit. Doing it through gritted teeth though, and I don't blame him.

Estate is worth upwards of £500K so will be worth it in the end. Will was changed after a visit to Granny from the solicitors so they must have assessed her as competent. Don't know who witnessed it though but Granny is sending uncle a copy soon.