When your attorneys are not given authority to have sight of the Will or have no knowledge of its contents, it can create difficulties and upset after your death. This was bought to light when an attorney under an EPA for his mother, had to sell the Donor’s property to pay for her care fees. The attorney put the proceeds of sale partly in his mother’s current account and used some to purchase Premium Bonds.
Unfortunately, on the mother’s death it was discovered that she had made a specific gift in her Will of the account and her premium bonds to a variety of named nieces, nephews, grandchildren and step grandchildren. The residuary estate was due to pass to her two sons. However, now the entire estate is held in the current account and Premium Bonds, there is nothing left to divide between the sons.
This had a different outcome from the mother’s intentions because at the time of making her Will, she had very little in her account and in premium bonds – her residuary estate contained her property which was to pass to her two sons.
This type of situation could easily be avoided by adding a provision in a Power of Attorney that the attorneys can have sight of the Will.