VIC mothers will and enduring power of attorney

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mdm25

Member
19 May 2017
1
0
1
I was my mother's power of attorney. My mother got sick diagnosed dementia. My brother who we haven't seen for 11 years come and took my mother to revoke my POA. In her will, it states I'm the only beneficiary and my brother and sister are not to get anything. She has given her reasons why. How do I find out if she has changed her will, as well as her solicitors, will not talk to me?
 

AdValorem

Well-Known Member
20 August 2015
57
8
224
Perth
Hi

A person who makes a will or changes a will must be of sound mind. The same applies for signing a power of attorney.

Some relevant questions when establishing capacity are:
1) Was your mother aware of and did she appreciate the significance of making the will?
2) Was your mother aware of the character, extent and value of her estate?
3) Was your mother aware of those who might reasonably be thought to have claims upon her bounty, and the basis for and nature of those claims?
4) Did she have the ability to evaluate and discriminate between the respective strengths of those claims?

If your mother did not have capacity the revocation of her POA may be invalid. Her new will, if she signed one, may also be invalid.

The contents of a will are confidential and that is why her lawyer will not give you any information.

You may have to take the matter to the Victorian Civil and Administrative Tribunal if the POA was revoked during a period of incapacity.

Regards
AV