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QLD Enduring Power of Attorney - Protect Mum's Belongings with a Will?

Discussion in 'Wills and Estate Planning Law Forum' started by tiki89, 28 May 2015.

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  1. tiki89

    tiki89 Member

    28 May 2015
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    I'm my mums Enduring Power of Attorney (EPOT) as she is unwell and has asked me to do her will with where she'd like things to go. Her ex-husband, my "dad" took her jewelry while EPOT was in place and I feel he manipulated her into saying he could have it. I've tried asking for it back with no luck, so can I put this in the will? He is not intitaled to anything as they got a divorce over 20 years ago.

    There is not much in assets so I would consider getting it valued to possibly sell for funds towards her fruneral. I am one of four children and we are all on the same page.

    Can't this be classed as theft?
  2. Smiley

    Smiley Well-Known Member

    1 April 2015
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    I note your comment that your mother does not hold any or little assets.

    Does your mum have any superannuation?

    If yes, ensure she provides her superannuation fund with a "binding beneficiary" nomination. Whoever witnesses the binding nomination, ensure they provide a statement to confirm that your mother was in the right state of mind when she signed the nomination. Otherwise parties may object to the nomination on the basis that your mother was too sick and not in the right state of mind when she made the nomination.

    A binding nomination will avoid superannuation complications.

    Just by way of reference, if she updates her Will and states in the Will how her super is to be distributed, this is non-binding in terms of super as it is not an Asset.

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