Change to will to remove siblings of 2nd Husband

JJWSJS8700

elsien said:

silvercar said:

I thought POA meant you were meant to act in the best interests of the person concerned, not planning your future inheritance. I don’t understand how altering a will benefits the person still alive.

As has already been said, although the OP mentions power-of-attorney, it doesn’t seem to be particularly relevant in this case because mother-in-law still has her faculties. If she didn’t, the will would stand as it is, because a power-of-attorney cannot make a will on someone’s behalf.

LPA can make/revoke a will in the best interest of the donor. 

silvercar

JJWSJS8700 said:

elsien said:

silvercar said:

I thought POA meant you were meant to act in the best interests of the person concerned, not planning your future inheritance. I don’t understand how altering a will benefits the person still alive.

As has already been said, although the OP mentions power-of-attorney, it doesn’t seem to be particularly relevant in this case because mother-in-law still has her faculties. If she didn’t, the will would stand as it is, because a power-of-attorney cannot make a will on someone’s behalf.

LPA can make/revoke a will in the best interest of the donor. 

How can anything written in a will be in the best interests of the donor, given they won’t be alive to appreciate the result?

elsien

JJWSJS8700 said:

elsien said:

silvercar said:

I thought POA meant you were meant to act in the best interests of the person concerned, not planning your future inheritance. I don’t understand how altering a will benefits the person still alive.

As has already been said, although the OP mentions power-of-attorney, it doesn’t seem to be particularly relevant in this case because mother-in-law still has her faculties. If she didn’t, the will would stand as it is, because a power-of-attorney cannot make a will on someone’s behalf.

LPA can make/revoke a will in the best interest of the donor. 

I stand corrected, but worth flagging up that the LPA can’t just go ahead and amend/revoke a will of their own accord. It needs a specific application to the court of protection for a statutory will, with the existing will if  there is one, plus reasons, Giving anyone it affects the opportunity to object.
Cost of the application would come out of the persons money, and may end up with them with a large bill and nothing having changed

elsien

sevenhills said:

elsien said:

silvercar said:

I thought POA meant you were meant to act in the best interests of the person concerned, not planning your future inheritance. I don’t understand how altering a will benefits the person still alive.

As has already been said, although the OP mentions power-of-attorney, it doesn’t seem to be particularly relevant in this case because mother-in-law still has her faculties. If she didn’t, the will would stand as it is, because a power-of-attorney cannot make a will on someone’s behalf.

The OP is seeking advice in order to act on behalf of her mother, so the mother is obviously not capable.

No they’re not. Last line of the OP. “My mother is of sound mind.” 

BooJewels

I don't think an LPA can be used to change a will - I've just been looking at one as I'm just using it for something and it specifically says "Your Attorneys cannot use this LPA to change your will" - on both the Finance and Health ones.

ETA:  Screen grab, as I still have it open:

poppystar

BooJewels said:

I don't think an LPA can be used to change a will - I've just been looking at one as I'm just using it for something and it specifically says "Your Attorneys cannot use this LPA to change your will" - on both the Finance and Health ones.

ETA:  Screen grab, as I still have it open:

Eek! That’s worried me now reading the next bit about sending back LPA and certified copies on death. I had no idea about that and so didn’t. I didn’t see it written anywhere when I was dealing with the estate. 

elsien

I know we've gone off topic now, but found this in the gazette for those who are interested.
What are statutory wills, and when are they necessary? | The Gazette

Keep_pedalling

poppystar said:

BooJewels said:

I don't think an LPA can be used to change a will - I've just been looking at one as I'm just using it for something and it specifically says "Your Attorneys cannot use this LPA to change your will" - on both the Finance and Health ones.

ETA:  Screen grab, as I still have it open:

Eek! That’s worried me now reading the next bit about sending back LPA and certified copies on death. I had no idea about that and so didn’t. I didn’t see it written anywhere when I was dealing with the estate. 

I would not worry about it, I did not send my mother’s LPA back either and there are no penultimate for failing to do so.

BooJewels

poppystar said:

BooJewels said:

I don't think an LPA can be used to change a will - I've just been looking at one as I'm just using it for something and it specifically says "Your Attorneys cannot use this LPA to change your will" - on both the Finance and Health ones.

ETA:  Screen grab, as I still have it open:

Eek! That’s worried me now reading the next bit about sending back LPA and certified copies on death. I had no idea about that and so didn’t. I didn’t see it written anywhere when I was dealing with the estate. 

I only knew because my Dad's solicitor told me to do it when we advised her he'd passed.  The funny thing is, you send it back - well, I sent the certified copy I had, with a death certificate - and a few weeks later you get it back, looking exactly the same - I thought it might be stamped across 'cancelled' or something.

Malthusian

poppystar said:
Eek! That’s worried me now reading the next bit about sending back LPA and certified copies on death. I had no idea about that and so didn’t. I didn’t see it written anywhere when I was dealing with the estate. 

Me neither. It's also not mentioned anywhere in the Mental Capacity Act 2005 or the MCA Code of Practice. I think the OPG has made it up. 
There is no practical reason to waste the postie's time sending the LPAs of deceased people back to the OPG. All the attorneys have to do is put their feet up and let the executors take over (who may be themselves in a different hat).