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Restrictions and conditions can be imposed on your attorneys so you retain control over your LPA – our lawyers explain a recent case


Mr XZ, a high-net-worth-individual, executed an LPA for property and financial affairs, appointing three close friends and business associates to be his attorneys. He also imposed restrictions and conditions running the length of ‘seven continuation sheets’ as to when the attorneys can act, covering both standard and emergency situations. With regard to a standard situation, for example, before the attorneys can act the opinion of two psychiatrists must confirm lack of capacity, their opinions must be approved by an unqualified Protector and also 60 days must have elapsed from the time this opinion was given.

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Government review of deeds of variation could lead to unwanted consequences and makes it more important than ever to have a properly drafted will


There is a mechanism in law that ensures heirs of a deceased, who dies without making a Will or who has made a Will but one that is no longer reflective of a change of circumstance, are not left forever disadvantaged by the application of the rules of intestacy or of outdated terms in the deceased’s Will. That mechanism is the ‘deed of variation’, also known as the ‘deed of family arrangement’.

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