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Can you contest Power of Attorney UK?

31 October 2023 Written by Ware & Kay Solicitors Category: Wills and estates

Power of Attorney is a significant legal tool, but there are circumstances where contesting its validity may be necessary. If you find yourself asking, "Can you contest Power of Attorney in the UK?" you're in the right place. If you require further clarification or personalised legal assistance, our team of experienced solicitors are here to assist you.

Call us today on 01904 716000 (York) or 01937 583210 (Wetherby) or 01653 692247 (Malton), or complete our online contact form.

Can You Contest Power of Attorney in the UK?

Under UK law, it is possible to contest Power of Attorney, but certain conditions must be met, and the grounds for contesting must be substantiated. Here are key points to consider:

Lack of Mental Capacity

The document may be contested if the person granting Power of Attorney lacked mental capacity when signing. Mental capacity is crucial for understanding the implications of granting such authority.

Undue Influence or Coercion

If there is evidence that the granter was unduly influenced or coerced into granting Power of Attorney, it may be contested. The decision should be made voluntarily without any form of pressure.

Fraud or Misrepresentation

Contesting can occur if there is evidence of fraud or misrepresentation in obtaining Power of Attorney. The document should accurately represent the granter's intentions.

Failure to Follow Legal Formalities

A Power of Attorney may be contested if procedural irregularities exist, such as improper witnessing or failure to meet legal requirements.

Conclusion

In conclusion, while Power of Attorney is a powerful legal instrument, it is subject to scrutiny under specific circumstances. Your peace of mind and legal rights are our priorities, and we are here to assist you through every step of the legal process. 

Ware & Kay Solicitors in York, Wetherby & Malton, Yorkshire

Whether you're navigating personal challenges or managing legal matters for your business, Ware & Kay is here for you. With offices in York, Wetherby, and Malton, our seasoned team offers a comprehensive range of legal services across Yorkshire and beyond.

For more information and personalised advice, contact Ware & Kay on 01904 716000 (York) or 01937 583210 (Wetherby) or 01653 692247 (Malton). You can also complete our online contact form and a member of the team will be in touch.

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