QLD Authorising a 2nd Executor for a Will and Power of Attorney?

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Alan MacMahon

Member
3 March 2016
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0
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Hello and thank you for your assistance.

In the state of Queensland, can the same person be appointed both the 2nd follow up Executor for a Will and for the same person, the follow-up 2nd Power of Attorney? This 2nd person is not a relative or beneficiary in any way whatsoever to the person making the Will.

Thank you
 
S

Sophea

Guest
Hi Alan, I don't see why not. A power of attorney only operates while the principal is alive and a will operates when the they are deceased. Is there some other conflict of interest on the part of the appointed person?
 

Alan MacMahon

Member
3 March 2016
3
0
1
Hi Alan, I don't see why not. A power of attorney only operates while the principal is alive and a will operates when the they are deceased. Is there some other conflict of interest on the part of the appointed person?
Hello Sophea and thank you for your reply. No, there is no other conflict of interest.
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
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Sydney
I agree with @Sophea.

Power of Attorney expires upon death.
It's quite common for the Power of Attorney holder
to then become executor (or a co-executor)
Not compulsory, not required, and not always ideal.
But it certainly happens quite frequently.
 

Alan MacMahon

Member
3 March 2016
3
0
1
I agree with @Sophea.

Power of Attorney expires upon death.
It's quite common for the Power of Attorney holder
to then become executor (or a co-executor)
Not compulsory, not required, and not always ideal.
But it certainly happens quite frequently.
I agree with @Sophea.

Power of Attorney expires upon death.
It's quite common for the Power of Attorney holder
to then become executor (or a co-executor)
Not compulsory, not required, and not always ideal.
But it certainly happens quite frequently.
Thank you for your reply, Tim W