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Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44181
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I am Power of Attorney and Enduring Guardian of my Father's

Customer Question

I am Power of Attorney and Enduring Guardian of my Father`s estate....Am I allowed to see the will before his death?
Submitted: 2 years ago.
Category: Australia Law
Expert:  Leon replied 2 years ago.
Good MorningMy 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 Please understand this is not legal advise but a guide to assist you.No the will is not to be released until the death of the person.Why do you need to see the Will?
Customer: replied 2 years ago.
He has shown me the will but he has got some facts wrong and I was wondering what to do about them.
Expert:  Leon replied 2 years ago.
Good Afternoon,What do you mean about getting his facts wrong
Customer: replied 2 years ago.
This is complicated ...in1997and 1998 My father paid for my son to go to a private school....costing roughly say $26000. When he divided my Mother`s will from her estate ......$200,000 in 1999 he gave my three sisters $50,000 and me nothing saying that I had been paid with my son`s education.......I had to accept that he has told me where his will is and we have all read it and part of it says that my three sisters each get $20,000 and I get nothing as that was my son`s education again!!!!!
$70,000 for two years education???? It wasn`t Eton !!!!. My Father is on the verge of entering aged care but I do think his memory has been on the decline before I was made Power of Attorney etc...... where do I stand ????
Expert:  Leon replied 2 years ago.
Good EveningWhen he divided your mums will, is there any record of that?Is your father mentally able to make his own decisions?
Customer: replied 2 years ago.
My Sisters have bank statements....confirming the amount and when... As for my Father he is at the moment making most of his own decisions...having said that he has been encouraged by his Geriatrician to make the ones we wanted him to make....for instance to stop working ( he`s 90) not drive and to move into aged care and to sell his house. He does however insist he can manage his own finances !!!!
Expert:  Leon replied 2 years ago.
Good Morning Only your father can change his will. He has to have a solicitor draft a new one to clear that up. His doctor should provide a report that he is capable of understanding and has the ability to give instructions and understands what he is doing. But only he can change the will. If he does not then you will have to contest and you should be collecting evidence that the debt has been paid out. If you don't then the estate will be divided as per his will. 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. RegardsLeon

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