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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22816
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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A power of attorney build a house on a land that should be

Customer Question

A power of attorney build a house on a land that should be distributed to his nephews,according to the will,he died suddenly and his daughter has transport for that land through prescriptive right. She broke down her father house and want to build
her own house on the land can an injunction order apply here to prevent her from building a house on the land?
Submitted: 1 year ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 1 year ago.
A power of attorney only lasts until the person dies. At that stage the will becomes the important document and the estate should be wound up according to the will. The power of attorney does not have any effect on what the will says should happen. So the executor of the estate should ensure the estate is wound up. She has no right to build on the land, and you could get an injunction to stop her. The executor of his estate should be taking this action, but the beneficiaries could as well.

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