Engaging lawyers pre-death

[JustAThought]

I am always grateful for any guidance given on this platform.

Is it an odd thing to muscle up Executors with side monies or money on account, before death, in case of battle after death?

Because of event that have been narrowly been avoided, so far... A person in their 90s, does not want to make a new Will (drawn up by intended LPA Attorney) and fortunately Person90s objected to the LPA they have signed before it was registered. Thank goodness for OPG much slower processing system...

The intended LPA Attorney took financial and didn't pay bills, didn't sell one of the houses, and they went shopping for care homes for Person90s without their knowledge!!!

Person90s has no ailments affecting their ability to transact, read, sign and go to bank etc but thinks there's more to come from intended Attorney.

The figure of £50k "pocket money" to lawyer is muted...

[PallasAthena]

I'm not clear from your post what is happening and what advice you are seeking. I assume you are in England.

So there is a 90+ year old person who still has full mental capacity to manage their own affairs? They can give away their money to whoever they like and for whatever purpose - it's their money. (It might have implications for IHT and possibly 'deprivation of assets' for future care home fees but that doesn't seem to relevant here.)

There is no LPA in force because it was never registered. And even if it had been registered the Attorney could only use it if the 90+ year old no longer had mental capacity and the Attorney would need to provide medical evidence of that. So if another person is spending the 90+ year old's money or selling their property they are either doing so with the 90+ year old's authorisation or they are fraudulently misusing his money (or something else that might not be legal, elder abuse etc).

[JustAThought]

Thank you.

So as the Person90s can spend their money as they like can they instruct a lawyer now and have a money put on account in case of contentious probate action?

[PallasAthena]

Rules governing the professional conduct of solicitors come into play there and I don't know the answer to that. The 90 year old could use their money for that purpose, but whether a solicitor could or would accept instructions on that basis is a different matter. atticus may be able to comment.

[atticus]

I suppose a payment could be made 'on account' in this way. However, as it will be tge testator's money, I think it can be strongly argued that this money forms part of the estate. I have no idea whether it would survive challenge to work as intended.