Laura Richardson’s latest article considers whether, if you file a Lasting Power of Attorney in Colchester, your appointed attorney can actually change your Will.
A Power of Attorney is a legal document that gives someone else the authority to make certain decisions on your behalf should you be unable to do so for yourself. A Lasting Power of Attorney in Colchester can cover either financial and property decisions, or health and welfare decisions. A financial and property Attorney would make decisions regarding things such as taxes, investments, pensions, money and bank accounts, and also decisions regarding ownership of property. A health and welfare Attorney would make decisions regarding your medical care and your general wellbeing. However, even if you appoint Attorneys to make all of your financial and healthcare decisions, the only person who has the authority to change your Will is you, as the Testator. No other person ever has the authority to change your Will or to write a Will on your behalf. Once you have written your Will, it remains legally valid until such time as you amend your Will or write a new Will which would supersede any previously made Wills.
There is one way in which someone can petition the Court to change your Will, and this is in the form of a legal challenge after your death. There are two main reasons why someone may challenge your Will. Firstly, they may feel that they should have been left more than was designated to them. For example, The Inheritance (Provisions for Family and Dependants) Act 1975, allows for family members and dependents of the deceased to apply for provisions from the deceased’s estate without having to rely on a lasting power of attorney in Colchester or anywhere else for that matter
The second reason that someone may challenge your Will is that they believe the Will is invalid. In order for a Will to be valid under UK law, it must be written and signed by the Testator who must be over the age of 18, and the completed Will must be signed by two witnesses. The Testator must have the mental capacity at the time of writing the Will to understand the full implications of the Will. It is also important that the Testator’s decisions are not affected by any pressure from any party regarding the contents of their Will. If a Will is contested due to invalidity then it will be up to the Court to decide whether the Will is valid or invalid, and it will then be the job of the Court to determine whether the contents of the Will should be followed in its entirety, in part or not at all.
If you would like to discuss the implications and benefits of a Lasting Power of Attorney in Colchester or have any concerns regarding the validity of your Will, call Andrew Douglas Wills and Legal Services today to arrange a free initial consultation.
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