John and Mary have been married for 40 years and have two children, Anna and Ben. They made Wills 25 years ago, leaving everything equally between the children. They also set up LPAs, appointing each other and Anna and Ben as attorneys. Shortly after, Ben became estranged from the family, and John and Mary intended to update their LPAs and their Wills, but failed to do so. John passes away, and a few years later, Mary develops Alzheimer’s.
During life: The LPAs work well, Anna as Mary’s attorney, can manage her finances and make decisions about her care without needing to go to court but was always concerned that Ben would challenge her actions.
After death: Because she did not update her Will, Mary’s estate is divided equally between Anna and Ben. This creates huge conflict, as Ben demands his inheritance despite years of no contact. Anna is powerless to do anything to respect Mary’s wishes to disinherit Ben, her original Will remained valid despite her intended wishes.
If John and Mary had reviewed their Wills, they could have reflected their desired wishes and avoided the sibling conflict. The LPAs ensured protection during life, but put Mary at risk from Ben challenging her actions as an attorney.
It is essential to review both LPAs and Wills regularly to make sure they reflect your current wishes and those after your death.
At Hedges Law, we make sure Wills and LPAs work together and stay up to date, giving families peace of mind at every stage of life.
1 min read
Shivani Karara
