Yes, you can include your attorney in your will. It is possible to name your attorney as a beneficiary in your will, and this is a common practice. Indeed, most people would expect to see your appointee, having looked after your affairs, named as a beneficiary in your will.
The power of attorney document you have created will determine the extent of the attorney’s authority to act on your behalf. This document will also determine the extent of the attorney’s ability to benefit from your estate.
The law says your attorney must execute your estate without benefit or advantage to themselves. This means that your attorney must act in your best interests and must not benefit from your estate in any way.
If you wish to include your attorney as a beneficiary in your will, you should ensure that the power of attorney document you have created clearly states that the attorney will not benefit from your estate. You should also ensure that the attorney is aware of the terms of the will and that they are aware of their obligations to act in your best interests.
It is important to note that if your attorney does benefit from your estate, they may be liable for a breach of trust. This means that they may be required to pay back any money they have received from your estate.
It is also important to note that if you do include your attorney as a beneficiary in your will, they may be subject to inheritance tax. This means that the amount of money they receive from your estate may be subject to taxation.
In conclusion, yes, you can include your attorney in your will. However, it is important to ensure that the power of attorney document you have created clearly states that the attorney will not benefit from your estate and that they are aware of their obligations to act in your best interests. Additionally, it is important to note that if your attorney does benefit from your estate, they may be liable for a breach of trust and may be subject to inheritance tax. 23 Sep 2022.
