Unhappy With Solicitor
Unhappy With Solicitor
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Halmyre

Original Poster:

12,576 posts

168 months

Monday 10th May 2021
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My mother (in her 80s), for various reasons, is unhappy with the firm of solicitors that drew up her will and her appointment of powers of attorney (Scottish law). It's a matter of some distress to her. She wants to make a new will but wants nothing more to do with the previous firm, and doesn't want me to get involved with them. So can she just go and make a clean start with someone else? As I understand it, PoA appointments are registered with the Office of the Public Guardian Scotland, so presumably she wouldn't need to go through that process again?

QuickQuack

2,808 posts

130 months

Monday 10th May 2021
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Halmyre said:
My mother (in her 80s), for various reasons, is unhappy with the firm of solicitors that drew up her will and her appointment of powers of attorney (Scottish law). It's a matter of some distress to her. She wants to make a new will but wants nothing more to do with the previous firm, and doesn't want me to get involved with them. So can she just go and make a clean start with someone else? As I understand it, PoA appointments are registered with the Office of the Public Guardian Scotland, so presumably she wouldn't need to go through that process again?
Yes, she can just find someone else and make a new will. As soon as the new will has been signed and witnessed, the old will becomes null and void. No need to do anything about the LPA unless she wishes to change the attorneys. They're set forms so there's little the previous solicitor can do to interfere in any way with it if it ever gets activated unless the solicitor is one of the attorneys, in which case, they may need to be redone, too.

Halmyre

Original Poster:

12,576 posts

168 months

Tuesday 11th May 2021
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QuickQuack said:
Halmyre said:
My mother (in her 80s), for various reasons, is unhappy with the firm of solicitors that drew up her will and her appointment of powers of attorney (Scottish law). It's a matter of some distress to her. She wants to make a new will but wants nothing more to do with the previous firm, and doesn't want me to get involved with them. So can she just go and make a clean start with someone else? As I understand it, PoA appointments are registered with the Office of the Public Guardian Scotland, so presumably she wouldn't need to go through that process again?
Yes, she can just find someone else and make a new will. As soon as the new will has been signed and witnessed, the old will becomes null and void. No need to do anything about the LPA unless she wishes to change the attorneys. They're set forms so there's little the previous solicitor can do to interfere in any way with it if it ever gets activated unless the solicitor is one of the attorneys, in which case, they may need to be redone, too.
Thanks. I had thought as much, trouble now is persuading my mum just to do it.

Sebring440

3,204 posts

125 months

Tuesday 11th May 2021
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Halmyre said:
Thanks. I had thought as much, trouble now is persuading my mum just to do it.
You won't have any problem with that:


Halmyre said:
My mother (in her 80s), for various reasons, is unhappy with the firm of solicitors that drew up her will and her appointment of powers of attorney (Scottish law). It's a matter of some distress to her. She wants to make a new will

Halmyre

Original Poster:

12,576 posts

168 months

Wednesday 12th May 2021
quotequote all
Sebring440 said:
Halmyre said:
Thanks. I had thought as much, trouble now is persuading my mum just to do it.
You won't have any problem with that:


Halmyre said:
My mother (in her 80s), for various reasons, is unhappy with the firm of solicitors that drew up her will and her appointment of powers of attorney (Scottish law). It's a matter of some distress to her. She wants to make a new will
I wish.