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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42654
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Can a will be changed without notifying the existing Legal

Customer Question

Can a will be changed without notifying the existing Legal Guardians , Powers of Attorney or Executor in NSW
JA: Can you tell me what state this is in? And just to clarify, what paperwork has been filed?
Customer: IN NEW SOUTH WALES . I UNDERSTAND THAT AN ENDURING POWER OF ATTORNEY AND LEGAL GUARDIANSHIP PAPERS HAVE BEEN FILED
JA: Have you talked to a lawyer yet?
Customer: NO
JA: Anything else you think the lawyer should know?
Customer: I HAVE A YOUNGER SIBLING WHOM I BELIEVE IS TRYING TO GET MY AGED FATHER TO CHANGE EVERYTHING OVER TO HER NAME
Submitted: 4 months ago.
Category: Australia Law
Expert:  Leon replied 4 months ago.

Good Evening.

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise but a guide to assist you.

Who changed it? Was it the testator? Dies the testator have the mental capacity to make a will?

Customer: replied 4 months ago.
I believe that my younger sibling has been pressuring my aging father to get control of his estate. He is currently in hospital and his overall memory and mental capacity has greatly diminished over the past 3 months. She only has limited communication with her other siblings and more often than not what she is telling us is untrue. My nieces are the appointed as Legal Enduring Guardians,Power of Attorney and Executors of his will and I am trying to find out if they have to be advised if these arrangements are changed.
Expert:  Leon replied 4 months ago.

Good Morning.

I would suggest you get medical evidence to confirm his mental capacity regarding making a will etc.

You will need this.

If your father is able to understand he does not need permission of his guardians to do anything.

He has the right to deal with his affairs. If he lacks the capacity then he cannot make any decisions and what he does do is void.

The people appointed as guardians have the power to do what he can and to look after him. It does not mean he loses all rights to make decisions is he has the capacity to do so.

If your sister is going to try and have herself appointed, they have to be notified because they have to be given the revocation of their appointment. If it is through the court they have to neb served with a copy of the application and will have to appear.

I hope this makes sense and is of assistance., if there is nothing further

thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards

Leon