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

Discussion in 'Wills and Estate Planning Law Forum' started by Alan MacMahon, 3 March 2016.

  1. Alan MacMahon

    Alan MacMahon Member

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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
     
  2. Sophea

    Sophea Well-Known Member

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    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?
     
  3. Alan MacMahon

    Alan MacMahon Member

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    Hello Sophea and thank you for your reply. No, there is no other conflict of interest.
     
  4. Tim W

    Tim W Lawyer

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    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.
     
  5. Alan MacMahon

    Alan MacMahon Member

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    Thank you for your reply, Tim W
     

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