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Can you apply for grant of probate based on earlier Will if the deceased executed an irrevocable power of attorney?
Wiki User
∙ 13y ago
An irrevocable POA is unusual. "For a power of attorney to be coupled with an interest, so as to be irrevocable, there must be a specific, present and coexisting interest in the subject of the power or agency. Whether such an interest exists in any particular case is to be determined from the entire agreement between the parties."
Generally, a POA is extinguished upon the death of the principal. At that time the decedent's will should be submitted for probate and an executor must be appointed to settle the estate.
Since an irrevocable POA is so unusual, and tailored to fit a particular set of circumstances, the document should be examined for any language that carries over any power after the death of the principal. You need to consult with an attorney who can review the documents and explain your rights and options.
An irrevocable POA is unusual. "For a power of attorney to be coupled with an interest, so as to be irrevocable, there must be a specific, present and coexisting interest in the subject of the power or agency. Whether such an interest exists in any particular case is to be determined from the entire agreement between the parties."
Generally, a POA is extinguished upon the death of the principal. At that time the decedent's will should be submitted for probate and an executor must be appointed to settle the estate.
Since an irrevocable POA is so unusual, and tailored to fit a particular set of circumstances, the document should be examined for any language that carries over any power after the death of the principal. You need to consult with an attorney who can review the documents and explain your rights and options.
An irrevocable POA is unusual. "For a power of attorney to be coupled with an interest, so as to be irrevocable, there must be a specific, present and coexisting interest in the subject of the power or agency. Whether such an interest exists in any particular case is to be determined from the entire agreement between the parties."
Generally, a POA is extinguished upon the death of the principal. At that time the decedent's will should be submitted for probate and an executor must be appointed to settle the estate.
Since an irrevocable POA is so unusual, and tailored to fit a particular set of circumstances, the document should be examined for any language that carries over any power after the death of the principal. You need to consult with an attorney who can review the documents and explain your rights and options.
An irrevocable POA is unusual. "For a power of attorney to be coupled with an interest, so as to be irrevocable, there must be a specific, present and coexisting interest in the subject of the power or agency. Whether such an interest exists in any particular case is to be determined from the entire agreement between the parties."
Generally, a POA is extinguished upon the death of the principal. At that time the decedent's will should be submitted for probate and an executor must be appointed to settle the estate.
Since an irrevocable POA is so unusual, and tailored to fit a particular set of circumstances, the document should be examined for any language that carries over any power after the death of the principal. You need to consult with an attorney who can review the documents and explain your rights and options.
Wiki User
∙ 13y ago
No, typically an irrevocable power of attorney remains effective even after the principal's death, meaning the attorney-in-fact can continue managing the principal's affairs. However, the power of attorney does not affect the validity of the deceased's will, and the grant of probate would still need to be based on the last valid will executed by the deceased.
Wiki User
∙ 13y agoAn irrevocable POA is unusual. "For a power of attorney to be coupled with an interest, so as to be irrevocable, there must be a specific, present and coexisting interest in the subject of the power or agency. Whether such an interest exists in any particular case is to be determined from the entire agreement between the parties."
Generally, a POA is extinguished upon the death of the principal. At that time the decedent's will should be submitted for probate and an executor must be appointed to settle the estate.
Since an irrevocable POA is so unusual, and tailored to fit a particular set of circumstances, the document should be examined for any language that carries over any power after the death of the principal. You need to consult with an attorney who can review the documents and explain your rights and options.
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A person wants to give you the power of attorney for their finances. In this matter who is the agent and who is the principal?
The power of attorney is the form or document used to create the attorney-in-fact. The person who signs the power is the principal, the person designated as having the power of attorney is the agent or attorney-in-fact. The power can be limited and/or durable or general. It can also be limited to a specific purpose, like signing documents to purchase or sell a house. Durable means it continues in effect even though the principal becomes mentally incompetent. The power ends on the death of the principal unless revoked earlier.
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In Ghana there have been a series of laws to regulate the devolution of a deceased person's estate where he or she died intestate. One of such laws is the Law of Intestate Succession, also known as Intestate Succession law, 1985. The law applies to all and sundry regardless of sex. However, in the Patriarchal societies that we have in Ghana and other parts of Africa, where men still control wealth and opportunities, the effect of the law is to protect the widow and the orphan. The Intestate Succession Law 1985: PNDCL 111, state that: a) "where the estate includes more than one house, the surviving spouse or child or both of them, shall be entitled to that house" b) "where the estate includes more than one house, the surviving spouse or child or both of them shall determine which house of those houses shall devolve to such spouse or child" (the rest of the Law shall be discussed later in this text) What are its implication to property devolution? Due to the discrepancies in the distribution and devolution of a deceased wealth or properties that ultimately resulted in several family squabbles and conflicts that consequently retard developmental processes in the family an created divisions and disintegration of family ties and destroys the bond of loyalty, the institutionalization of the PNDC law 111, was geared towards bridging this gap, thereby creating peace and tranquility when it comes to the devolution of properties upon the death of a spouse. The PNDC Law 111, to some larger extend resolved amicably these situations of bureaucratic processes of sharing properties and the propensities of family members exerting influence on the estate left by the deceased. The coming into being of the PNDC Law 111 made it possible for each member of the family get a deserving portion of the deceased estate (s) . This is because from the traditional perspective, the role played by the deceased parents could not be over emphasized and needs to be compensated. On the contrary, the successes chalked by the diseased believed tohave been through the complementary efforts of the surviving spouse and this is where the law comes in to settle the disputes that may crop up and result in breaking the family ties, therefore each person as earlier on stated gets a portion that commensurate with his or her status ranging from the parents of the deceased family to the spouse and children. In the devolution or distribution of the deceased wealth, the following allocations are made by the PNDC Law 111: a) 3/16 of the estate goes to the surviving spouse. b) 9/16 of the estate goes to the children of the deceased. c) 1/8 goes to the parents of the deceased d) 1/8 goes to family and it is distributed in accordance with the tradition or custom of the people.
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A person wants to give you the power of attorney for their finances. In this matter who is the agent and who is the principal?
The power of attorney is the form or document used to create the attorney-in-fact. The person who signs the power is the principal, the person designated as having the power of attorney is the agent or attorney-in-fact. The power can be limited and/or durable or general. It can also be limited to a specific purpose, like signing documents to purchase or sell a house. Durable means it continues in effect even though the principal becomes mentally incompetent. The power ends on the death of the principal unless revoked earlier.
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