Can you apply for grant of probate based on earlier Will if the deceased executed an irrevocable power of attorney?

An irrevocable POA is unusual. "For a power of attorney to be coupled with an interest, so as to be irrevocable, there must be a specific, present and coexisting interest in the subject of the power or agency. Whether such an interest exists in any particular case is to be determined from the entire agreement between the parties."

Generally, a POA is extinguished upon the death of the principal. At that time the decedent's will should be submitted for probate and an executor must be appointed to settle the estate.

Since an irrevocable POA is so unusual, and tailored to fit a particular set of circumstances, the document should be examined for any language that carries over any power after the death of the principal. You need to consult with an attorney who can review the documents and explain your rights and options.

An irrevocable POA is unusual. "For a power of attorney to be coupled with an interest, so as to be irrevocable, there must be a specific, present and coexisting interest in the subject of the power or agency. Whether such an interest exists in any particular case is to be determined from the entire agreement between the parties."

Generally, a POA is extinguished upon the death of the principal. At that time the decedent's will should be submitted for probate and an executor must be appointed to settle the estate.

Since an irrevocable POA is so unusual, and tailored to fit a particular set of circumstances, the document should be examined for any language that carries over any power after the death of the principal. You need to consult with an attorney who can review the documents and explain your rights and options.

An irrevocable POA is unusual. "For a power of attorney to be coupled with an interest, so as to be irrevocable, there must be a specific, present and coexisting interest in the subject of the power or agency. Whether such an interest exists in any particular case is to be determined from the entire agreement between the parties."

Generally, a POA is extinguished upon the death of the principal. At that time the decedent's will should be submitted for probate and an executor must be appointed to settle the estate.

Since an irrevocable POA is so unusual, and tailored to fit a particular set of circumstances, the document should be examined for any language that carries over any power after the death of the principal. You need to consult with an attorney who can review the documents and explain your rights and options.

An irrevocable POA is unusual. "For a power of attorney to be coupled with an interest, so as to be irrevocable, there must be a specific, present and coexisting interest in the subject of the power or agency. Whether such an interest exists in any particular case is to be determined from the entire agreement between the parties."

Generally, a POA is extinguished upon the death of the principal. At that time the decedent's will should be submitted for probate and an executor must be appointed to settle the estate.

Since an irrevocable POA is so unusual, and tailored to fit a particular set of circumstances, the document should be examined for any language that carries over any power after the death of the principal. You need to consult with an attorney who can review the documents and explain your rights and options.