Administration actions—misuse of lasting powers of attorney—Q&As

The following Wills & Probate practice note provides comprehensive and up to date legal information covering:

  • Administration actions—misuse of lasting powers of attorney—Q&As
  • Who should bring a claim against an attorney when the donor has died?
  • What types of civil claim can be brought against an attorney?
  • Can the beneficiaries bring a claim against the attorney?
  • What is the position if the attorney has acted after the donor has died?

Administration actions—misuse of lasting powers of attorney—Q&As

During the estate administration it can occasionally transpire that during the deceased’s lifetime their attorney had misappropriated their funds.

This Practice Note is a collection of Q&As that deal with issues concerning the misuse of a lasting power of attorney (LPA) that are discovered during the estate administration. The same practices and principles will generally apply to Enduring Powers of Attorney.

For further guidance on challenging lifetime dispositions after death, see Practice Note: Challenging lifetime dispositions. For guidance on the misuse of LPAs during the donor’s lifetime, see Practice Note: Misuse of EPAs and LPAs and its prevention.

It should be noted that although new Q&As are added to this Practice Note as they become available, individual Q&As are not currently maintained and state the law as at the date indicated in each case.

Who should bring a claim against an attorney when the donor has died?

The personal representatives (PRs) must collect and get in the deceased’s estate and administer it according to the law with due diligence in accordance with section 25 of the Administration of Estates Act 1925. Pursuant to section 1(1) of the Law Reform (Miscellaneous Provisions)

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