Can An LPA Change A Will?

Before we delve into the relationship between Lasting Powers of Attorney (LPAs) and wills, let’s briefly recap what each is:

• Lasting Power of Attorney (LPA): An LPA is a legal document that allows you to appoint someone you trust to make decisions on your behalf if you lose mental capacity or are unable to communicate. There are two types of LPAs: Property and Financial Affairs LPAs and Health and Welfare LPAs.
• Will: A will is a legal document that expresses your wishes regarding the distribution of your property and assets after your death. It allows you to specify who will inherit your belongings and who will be responsible for carrying out your wishes.

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For a free initial discussion on how we can help you deal with the legal implications of creating a lasting power of attorney, get in touch with us today. We are also experienced in dealing with all aspects of Wills and Probate and we will review your situation and discuss the options open to you in a clear and approachable manner. Early expert legal assistance can help ensure you avoid the stress of dealing with these issues on your own. Simply call us on 0345 901 0445 or click here to make a free enquiry and a member of the team will get back to you.

The Relationship Between LPAs and Wills

While LPAs and wills are related, they serve different purposes. An LPA allows you to appoint someone to make decisions on your behalf while you are still alive, while a will expresses your wishes for what happens to your property and assets after your death.

Can an LPA Change a Will?

No, an LPA cannot directly change a will. A will is a legally binding document that can only be changed by creating a new will or a codicil (an amendment to an existing will).

However, an LPA can have indirect effects on a will in certain circumstances:

1. Incapacity and Will-Making: If you lose mental capacity and are unable to make a new will, your LPA attorney may be able to make decisions about your estate on your behalf. This could include decisions about whether to contest a previously made will or whether to create a new will.
2. Dispute Resolution: If there is a dispute about the validity of a will, an LPA attorney can represent the person’s interests in court proceedings. This could potentially lead to changes in the distribution of the person’s estate.
3. Estate Management: After your death, your LPA attorney can manage your estate in accordance with your will. This includes collecting your assets, paying your debts, and distributing your property to your beneficiaries.

Important Considerations

When considering the relationship between LPAs and wills, it’s important to keep the following in mind:

• The LPA Attorney’s Role: While an LPA attorney cannot directly change a will, they can play a significant role in managing your estate and ensuring that your wishes are carried out.
• The Importance of a Will: It’s essential to have a valid and up-to-date will in place. A will ensures that your property and assets are distributed according to your wishes after your death.
• Legal Advice: If you have any questions or concerns about LPAs or wills, it’s recommended to seek legal advice from a specialist in these areas.

How we can help

We have a proven track-record of helping clients create a lasting power of attorney. This also includes all the different types, even if you need more than one. We are a multidisciplinary firm and have all the expertise inhouse to satisfy the most exacting requirements of our clients. We will guide you through all the necessary legal due diligence in a comprehensive and timely manner. We firmly believe that with the right solicitors by your side, the entire process will seem more manageable and far less daunting.

How to Contact Our Wills and Probate Solicitors

It is important for you to be well informed about the issues and possible implications of creating a Lasting Power of Attorney. However, expert legal support is crucial in terms of ensuring your wishes are met as you would want them to be.

To speak to our Wills and Probate solicitors today, simply call us on 0345 901 0445, or click here to make a free enquiry. We are well known across the country and can assist wherever you are based. We also have offices based in Cheshire and London.

Authored by Ben Posted in Blog, News Tagged as

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