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Revoking Powers of Attorney

Section 11(1)(c) of the Succession Act provides that an existing Will is revoked by a new Will.  This means by the mere fact that a Willmaker makes a new Will, all previous Wills are revoked.  However, in relation to Powers of Attorney, no similar provision exists under the Powers of Attorney Act.  Therefore, if the grantor would like to revoke the Power of Attorney, then he or she must take the positive step of signing a Revocation of the Power of Attorney, and then the Revocation must be served on each of the Attorneys (under the Power of Attorney which is being revoked).  Further, if the Power of Attorney to be revoked has been registered, then Revocation of the Power of Attorney must also be registered.  This involves expense.    
It can happen that a Power of Attorney ceases to be effective in the event that the Attorney who has been appointed vacates the office.  This can occur in the event that the appointed Attorney renounces power, dies, becomes bankrupt or ceases to have the mental capacity to continue to act as an Attorney.  Where the Attorney vacates office for any of the reasons as stated, then a Revocation of the Power of Attorney need not be prepared.

It is not necessary for a Power of Attorney to be registered to be effective.  Therefore, if a grantor intends to execute a Power of Attorney, he or she should be sure that there is no existing Power of Attorney and if there is, give careful consideration as to whether it should be revoked.

 
    
Liability limited by a scheme approved under Professional Standards Legislation

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