Wills and Power of Attorney

[brei2013]

I hold a Lasting Power of Attorney for my mother's financial affairs,as she is now in a care home suffering with dementia.A few years ago,prior to her illness,she decided to change her will.I have just read said document and discovered that certain proportions of her estate are wrongly apportioned and,although the document is witnessed,it is not signed or dated by my mother.
Can anyone tell me how this leaves the legal situation and is the will valid?

thanks

[stevemLS]

Re: Last Will and Testament

If it is unsigned by the testatrix the will is not valid.

The estate would be distributed according to any previous will or the rules of intestacy if no previous will exists.

If the estate is substantial, the Court of Protection can make a Statutory Will but these proceedings are complex and expensive and so if the estate is of normal/modest size it is probably not worth it.

The holder of an LPA cannot make a will on behalf of their donor.

[stevemLS]

Re: Wills and Power of Attorney

Perhaps the team could merge the two threads?

[MissFM]

Re: Wills and Power of Attorney

I hold a Lasting Power of Attorney for my mother's financial affairs,as she is now in a care home suffering with dementia.A few years ago,prior to her illness,she decided to change her will.I have just read said document and discovered that certain proportions of her estate are wrongly apportioned and,although the document is witnessed,it is not signed or dated by my mother.
Can anyone tell me how this leaves the legal situation and is the will valid?

thanks

It's odd that the Will was "witnessed" as the witnesses would be to your mother's signature, without which (as stevemLS correctly states above) the will is invalid.

As a slight digression, if you do wish to make a Will indicative of what you believe to be your mother's wishes, you can appoint yourself (or other trustworthy person) as Deputy through the Court of Protection and draw up such a Will. It's both heavily scrutinised and expensive at every turn and only advisable (IMO & exp.) with the help of a specialist solicitor.

https://www.gov.uk/become-deputy/overview

[stevemLS]

Re: Wills and Power of Attorney

Miss FM - a court appointed Deputy could only make application to the court for a statutory will, they are effective the same as an attorney but appointed by the court because a valid LPA had not been made prior to the loss of authority. (I've been experienced in the CoP since it was created in 2007 though mainly in the health and welfare jurisdiction)

[stevemLS]

Re: Wills and Power of Attorney

Sorry, I meant to conclude saying their is no need to go to the expense of becoming a Deputy as a valid POA exists, if the estate warrants it my view is that the court is only required to make the statutory will.

[MissFM]

Re: Wills and Power of Attorney

StevemLS is completely correct, as usual xx