lasting power of attorney

craggill

If all the powers of attorney are wiped out in one go (four in this case), let’s say an air crash for example, how is the will executed and will the new benficiaries then have to pay additional solicitor costs?

tacpot12

You are confusing the role of Attorney (acts for someone while they are alive) and Executor (acts for someone after they have died). 

If all Attorneys are killed, the person can make a new PoA if they have capacity to do so, or anyone else can apply to the Court of Protection to become their Deputy.

If all the executors are killed, the Will would be executed either by a beneficiary or the executors of the executors who had died, depending on when the executors died. This page confirms this: How Does Probate Work if the Executor has Died? (co-oplegalservices.co.uk)
 

craggill

Many thanks for you reply.  In this case the Attorneys and executors are one and the same, so what happens if by some rare chance they are all wiped out in a plane crash or in some other way?  Should you leave details of where the will resides with someone other than the immediate family members who are the attorneys and executors? 

tacpot12

It can help to make beneficiaries aware of where the Will is stored, in case none of the Executors can act. Similarly, it is probably a good idea to let all the reserve Attorneys know where the certified copy of the PoA is stored, in case anything happens to the Attorneys and they need to find it. 

craggill

Many thanks for your comments and advice, they are much appreciated!