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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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I am power of attorney with my brother and sister that brother

Customer Question

I am power of attorney with my brother and sister that brother and sister are also executor now after a family falling out with my sister she wants to come off as executor and put other brother in her place. She is a good friend of solicitor. I don't trust her my sister so the solicitor went to my brothers house with my mother who's 92 and got all her faculties and mt other brother to change the executors. Should I as POA been told and he pave been present at this meeting.. My mum said the solicitor told her the only changes were to the executors and the will will remain the same. Am I allowed to request a copy of the will, as POA. My sister took her engagement ring off her for nearly 8 mths and wouldn't give it back so I had to say something to her about returning it.
Submitted: 2 years ago.
Category: Australia Law
Expert:  James D. Ford replied 2 years ago.
Hi,
Normally, a Will is a private document, and only the testator/testatrix is able to request a copy of the Will from their Solicitor.
There are exceptions, where EPOA may obtain a copy... but my initial advice is to talk to your mother and voice your concerns... Importantly, does she have a copy of the updated Will?
Will she let you look at her copy of the Will to confirm that nothing in the details (other than the Executors) has changed ?
This is assuming your mother was left a copy of the updated Will for her own records. Please advise if this is not the case, as that would raise suspicions...
Please advise the state of your mother's mental capacity?
If she has full mental capacity... there is no requirement that you be present when she updates her Will.
If not.. then you should have been present.
If your sister and brother were present in the room when your mother signed the updated Will... then that would raise concerns regarding undue influence and the validity of the updated Will... do you know if it was just the Solicitor, and independent witnesses? or whether your siblings were present?
Has the engagement ring been returned to your mother?
Kind regards,
James