Can Power of Attorney remove named executor from Will?

T

Tintagel

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Father in nursing home. Power of Attorney in place but not yet activated but I expect that it will soon. Non family member is named executor of will of father. Can Powers of Attorney (joint family members) remove named executor from will once Power of Attorney activated?
 
A power of attorney allows you to make decisions concerning the welfare of your father and act on his behalf when he is unable to do so. However I do not believe that it goes so far as to allow one to change a will, since in order to make a valid will your father must have had the mental capacity to do so at the time. One can only assume that he had good reasons at the time for making those decisions and I expect the courts would respect that.
 
There are two different kinds of powers of attorney, the normal one and the enduring power, but either way, they have no relevance to or bearing on the will which only comes into effect on the death of your father. The powers of attorney are only relevant while he is alive.
 
Interesting points. But if it is in the fathers best interests to change the named executor of his will and the father is non Compis Mentis I would have thought that the Powers of Attorney could ask/force the executor to resign.
 
I know that we tend only to ever hear the really bad side of families, wills, probates and family fall outs but there is another side. Where people actively work together to make things easier all round.

In this case, the father's Will will stand - on his death - as his last Will and Testament, unless he changes it himself now. His executor of choice , at the time he made the Will, remains the executor unless the father changes it ( and he can only make a new Will if he is compos mentis) or unless, after the father's death, the executor decides to resign if asked by the family.

The family cannot force the executor to resign - I know if I was the nominated executor and, unless I felt that there was skullduggery going on, the family wanted me to resign I would. I know others who, out of badness and bloody mindedness, ( of which Irish people seem to have a disproportionate tendency towards) would say - I intend to carry out Ted's wishes.

Just a little reminder to you all out there - keep your will current - I reckon every five years or so or if there is a major life changing event.

mf
 
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