Can an Attorney change the Donor’s Will with a Lasting Power of Attorney?

A question that we’re frequently asked by Attorneys is “can I change the Donor’s Will using a Lasting Power of Attorney?”

It’s a straightforward “no” in response. An Attorney, be it a Property and Financial Affairs, or a Health and Welfare Attorney does not, and cannot have the authority to change or make a new Will for the Donor.

Can an Attorney see the Donor’s Will before they pass away?

Prior to March 2017, the Donor’s Will could only be disclosed if the Lasting Power of Attorney gave express permission for the Will to be disclosed. However, since the 1st March 2017, then a Donor’s Will can, under certain circumstances, be disclosed to a Property and Financial Affairs Attorney.

There are situations where it could be beneficial for a Property and Financial Affairs Attorney to be privy to the contents of the Donor’s Will.

Leaving instructions in the LPA

By default, an Attorney will have the authorisation to view the Will of the Donor. A Donor can choose to specify instructions in the LPA where they wish it to be clear that an Attorney has permission to view their Will.

The Donor can also add in instructions to refuse consent for the Will to be disclosed to the Attorney, or the Will can only be disclosed in certain circumstances.

How can the Attorneys knowing the content of the Will help manage a Donor’s estate?

Under a Lasting Power of Attorney, a Property and Financial Affairs Attorney must act in the Donor's best interests. The Attorneys must make all reasonable attempts to not interfere with the Donor’s succession plans.

The Donor may have recorded specific gift requests in their Will, for example, a property or a specific bank account. If an Attorney didn’t have knowledge of the Donor’s Will, then they may dispose of this asset either by closing a bank account or selling the property. In disposing of such assets, the Attorney would not be acting in the Donor’s best interests.

If the Donor still has mental capacity, can the Will be disclosed?

Whilst the Donor still has mental capacity, they can decide for themselves whether their Attorneys can view their Will. Only when a Donor has lost mental capacity can the Will be disclosed, so long as there are no restrictions noted in the LPA.

Get in touch with our Power of Attorney solicitors in Sheffield and Barnsley

Contact our friendly, expert Power of Attorney solicitors in Sheffield and Barnsley for all the advice you need about Lasting Powers of Attorney, Ordinary Powers of Attorney and Enduring Powers of Attorney.

We have local offices across Sheffield on Attercliffe Road, Gleadless and Hillsborough, plus an office in Barnsley.

Give us a call at your nearest branch or fill in our online enquiry form, and we’ll give you a call back as soon as possible.

A Country Mile

I was particularly impressed with the greeting and welcome I received on my very first visit. I had called into three solicitors on Regent Street that day and yours was a 'country mile' better welcome than any of the others. Friendly, smiling, welcoming, down to earth and kind reception staff. This was the reason I chose your firm.

Ms Hooley

Wosskow Brown Solicitors
2018-11-12T14:08:56+00:00

Ms Hooley

Friendly, smiling, welcoming, down to earth and kind reception staff.

Always Impressed

I am always impressed. Thank you to Maddalena and the staff at the Gleadless branch for their help.

Miss Cassy

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2019-05-16T10:23:21+01:00

Miss Cassy

I am always impressed. Thank you to Maddalena and the staff at the Gleadless branch for their help.

Clear & Understandable Explanation

Good advice and service! Everything was explained clearly and understandably

Mr & Mrs Ellis

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2019-05-28T12:04:57+01:00

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Good advice and service! Everything was explained clearly and understandably

First Class as Always

First class as always. Service is always friendly, polite, professional along with good advise. Very satisfied with everything!

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2019-05-16T12:12:14+01:00

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Friendly Staff

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Ms Mason

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2019-06-25T11:56:35+01:00

Ms Mason

Impressed with the friendliness of the staff

Would be Happy to Recommend

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2019-05-16T12:07:44+01:00

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2019-05-16T11:36:23+01:00

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Miss Arblaster

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2019-07-18T09:10:38+01:00

Miss Arblaster

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2019-05-16T11:55:00+01:00

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You made a difficult task easy, thank you gold starts all round!

Very friendly, but still professional

Ms Walker & Mr Birchall

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2019-05-24T12:01:59+01:00

Ms Walker & Mr Birchall

Thank you

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Mr Handley

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2019-11-29T09:44:13+00:00

Mr Handley

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2019-01-22T12:35:59+00:00

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2019-07-03T09:12:08+01:00

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2019-05-29T09:55:21+01:00

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2019-05-16T10:13:11+01:00

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2019-01-22T12:39:31+00:00

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2019-05-16T10:28:49+01:00

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2019-05-16T10:31:28+01:00

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Ms Vivian

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2019-10-18T10:54:29+01:00

Ms Vivian

Easy to understand

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Mrs Coates

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2019-09-27T09:13:50+01:00

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Excellent quality of service

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2019-05-16T10:07:53+01:00

Mr Stones

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Excellent and very informative

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2019-01-22T12:30:09+00:00

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Mrs Dyett & Mr Howard

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2019-05-16T11:50:50+01:00

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Advise received was clear and friendly! Everything was dealt with efficiently and within our best interests 

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2019-10-01T09:12:30+01:00

Mr Allen

The service that I received cannot be improved

A polite and caring service all the way through, from receptionist to solicitor

Mr & Mrs Williams

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2019-06-25T12:04:04+01:00

Mr & Mrs Williams

Very patient

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Mrs Greaves

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2018-11-12T12:57:58+00:00

Mrs Greaves

Maddalena Proctor explained all the details about Wills and was very patient with me.

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2019-07-16T12:02:49+01:00

Mr Gower

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Mrs Davies

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2019-05-29T09:59:28+01:00

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The service received was both friendly and professional, and I was really listened to. Thank you for such a helpful and friendly service; I was pleasantly surprised with the low cost too.

So Good

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Mr Booler

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2018-11-12T14:23:52+00:00

Mr Booler

The service was SO GOOD.

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Ms Pagan

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2020-03-16T11:57:42+00:00

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Ms Hood

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2019-05-16T10:37:14+01:00

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Mrs Senior

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2019-07-04T11:33:06+01:00

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Mrs Brook

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2019-07-03T09:56:07+01:00

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Making my Will was made so easy

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Mrs Fergus

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2018-11-12T14:28:45+00:00

Mrs Fergus

Making my Will was made so easy.

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Ms Webster

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2019-09-30T11:24:12+01:00

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Impressed with the helpful and friendly assistance from my file handler, they went out of their way to help us at a difficult time.

Excellent Service

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Mr Johnson

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2018-11-12T15:02:18+00:00

Mr Johnson

Excellent service from opening the door right up to drafting and filing.

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I was apprehensive about discussing my Will, but I was soon put at ease by Maddalena. I reviewed my Will recently, and again she was so kind and helpful.

Mrs Woolley

Wosskow Brown Solicitors
2019-01-22T12:42:46+00:00

Mrs Woolley

Maddalena was so kind and helpful.

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Mr Morris

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2018-11-12T14:29:43+00:00

Mr Morris

Patience and understanding was very much appreciated.

Friendly and Pleasant Staff

Mr Osborne

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2019-12-04T09:55:27+00:00

Mr Osborne

Impressive All-Round Service

Mr & Mrs Wragg

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2019-05-17T10:01:35+01:00

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Impressive All-Round Service

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Ms Thwaite

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2019-07-15T11:14:56+01:00

Ms Thwaite

Professional

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Mr & Mrs Lindley

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2019-08-14T10:10:08+01:00

Mr & Mrs Lindley

Everything was dealt with in a very professional way

Friendly, Efficient & Clear

Mrs Dunne

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2019-05-29T09:41:16+01:00

Mrs Dunne

Working with a smile

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Mrs Little

Wosskow Brown Solicitors
2019-01-22T12:31:58+00:00

Mrs Little

I was impressed you were working with a smile.

Pleasant and Professional Staff

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Mrs Ledger

Wosskow Brown Solicitors
2019-06-03T11:06:26+01:00

Mrs Ledger

Impressed with the pleasant attitude of staff and Maddalena's professionalism!

Clear, Professional, Friendly Service

Everything was explained clearly, and service was friendly and professional.

Mr & Mrs Spencer

Wosskow Brown Solicitors
2019-05-16T11:07:39+01:00

Mr & Mrs Spencer

Everything was explained clearly, and service was friendly and professional. 

Approachable, Friendly & Professional

I am very please with the service I received from you, just as I have in the past. You have approachable, friendly and professional staff from reception through to senior staff.

Mrs Lovatt

Wosskow Brown Solicitors
2019-01-23T14:43:37+00:00

Mrs Lovatt

I am very please with the service I received from you.

Friendly and Professional

The whole process was dealt with in a friendly and professional manner. In my experience the service was first cl;ass and not needing any improvement.

Mr Slater

Wosskow Brown Solicitors
2019-05-16T10:17:56+01:00

Mr Slater

The whole process was dealt with in a friendly and professional manner. In my experience the service was first cl;ass and not needing any improvement. 

Friendly, Competent and Totally Professional

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Mr & Mrs Greensides

Wosskow Brown Solicitors
2019-05-16T11:32:08+01:00

Mr & Mrs Greensides

Will writing service was friendly, very competent and totally professional

Friendly and Clear

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Ms Fairclough

Wosskow Brown Solicitors
2019-09-02T10:27:32+01:00

Ms Fairclough

Impressed with the friendliness and clarity of information provided. Felt comfortable in asking questions if I didn't understand legal terms.

Compassionate

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Mr Stubbs

Wosskow Brown Solicitors
2019-05-16T12:16:26+01:00

Mr Stubbs

Many thanks for your compassion in dealing with our case

Excellent Advice

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Mrs Cheney

Wosskow Brown Solicitors
2019-11-11T10:44:52+00:00

Mrs Cheney

Your work and advice was excellent, thank you very much.
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