power of attorney and making a will

duckman123

I have full POA over my mother, who is 94 and very frail. We can't find the will she made 30 years ago (which leaves everything to me). As her Attorney, can I make a will for her that leaves everything to myself?
I don't think anyone in my family would challenge this, but I'm concerned it might not be passed for probate.
Any advice?

Brie

Have you checked with any local solicitors?  I know so much is online these days but the elderlies in my family did everything the old fashioned way.

unforeseen

If you can't find the will then POA will not allow you to make a new one as it is an action that does not benefit her. 

74jax

You say very frail, does she have mental capacity? If so a local solicitors could arrange to come out (if she can't get to their officies) and make a new Will. 

First though, if double check all local solicitors to see if anyone is holding a Will. 

Martin_the_Unjust

If you follow this link it shows what happens if someone dies without a will. 

https://www.gov.uk/inherits-someone-dies-without-will

Does it lead to same outcome as your mother’s wishes?

elsien

The only person who can make a will is your mother if she has capacity to do so. LPA does not give you authority to make a will on her behalf. 

Plus her wishes and circumstances may well have changed from 30 years ago and she might want to do things differently now. 

If she’s mentally fine but physically frail, most solicitors are doing appointments by video. Would that work for her?
 

Keep_pedalling

If you are an only child and she does not have a living spouse then you will inherit all of her estate under intestacy rules, so if that is the case a new will is not critical.

elsien

Spam reported,