General Power of Attorney with regard to a will
Can the GPA bypass instructions written in a will by the principal while the principal is still alive? .i.e. if the will states that from this date onward, interest accrued on a fixed deposit must not be spent, does the GPA have the authority to spend the interest without any written consent from the principal?
Asked 6 months ago in Property Law from Bangalore, Karnataka
1) will takes effect only on death of testator
2)if testator has executed POA in favour of agent he can act within the ambit of POA executed by the principal
3) he can spend the interest amount if general power of attorney is executed by the principal
1) The WILL shall come in to effect only after the life time of the Testator(the person making the WILL).
2) So what ever is the content of the WILL, shall hold no effect whatsoever till the testator is alive.
3) Now coming to GPA bypassing the conditions of the Principal, a GPA holder cannot act on his own accord and that too without the consent of the principal.
4) A GPA holder is mandated by law to act ONLY according to the instructions of the principal and NOT otherwise..
5) A GPA holder cannot act either arbitrarily or on his own accord. It is clearly against the Law.
6) The principal can revoke the GPA by merely issuing an advertisement in the news paper and also by unilaterally cancelling the GPA at Sub-registrar office.
Hope this helps.
1. If the GPA states that the holder of the GPA can spend the said interest or deal with the said account and if the said will has been executed after executing the said GPA then the GPA overrides the will.
2. When the owner of the said FDs have aothorised the holed, inter alia, to deal with the said FDs, then the holedr of the POA can deal with the said FDs without taking any further consent from the holder since the execution of the POA is considered to be the consent for dealing with the said FDs given by its holder.
a WILL will take effect only on the death of the testator, while the GPA is valid until the death of the author or executant.
If during the life time of an executant of the GPA the author wants the authority to spend the interest without the written consent from the principal, he is permitted to do so.
WILL will come into effect only on the death of the testator.
GPA cannot bypass , as the Instructions of a WILL has no validity while the testator is alive . GPA has no authority over a WILL and cannot make any changes in a WILL.
The GPA is effective while the principal is alive and the WILL Is effective only after the death of the person who bequeath it.
There is no way someone can bypass a WILL as the WILL is effective legally only after the death of the person who makes it, so GPA cannot bypass it .
GPA can use his power entrusted to transfer/administer the property as he wants by using the GPA
How is there a conflict between the will and GPA? What is the scope of the GPA? There can be no readymade answer to such a question. The GPA and will require threadbare perusal.
Will is a different document to that of the GPA deed.
A ower agent cannot act beyond the stipulations mentioned in the GPA deed.
Any act done beyond the permissible limit can be considered as illegal and invalid.
Is there no legal recourse to hold the GPA accountable given that the testator in the will has clearly said, as per the second codicil, "With immediate effect, I would like to state that in the future, the interest so accrued from this Rs xx Lakhs will be collected and kept safe fro my son".
Asked 6 months ago
As stated earlier, Will is a different document to that of the GPA deed.
For availing the benefits of the Will, it has to come into force upon the demise of the testator.
There is no point in executing power of attorney deed to a power agent to execute the benefits of Will even before the Will comes into force.
Therefore please be aware that the GPA is invalid if the will is not coming into force and also the principal cannot give power to his agent to enforce the benefits of Will. The beneficiary has to enforce the will himself .
Will takes effect only on death of testator
2) as on date tests or is alive and executed POA then agent is authorised to act with the scope of his powers
3) principal can revoke the POA by issue of notice to agent
1. The executor of the Will as well as the POA is still alive.
2. He can issue a latter addressed to the POA holder withdrawing the POA executed by him and publish the same in two nos. local Newspapers.
3. Based on the said letter withdrawing the POA, the beneficiery can file a police complaint and also send a letter to the Bank instructing the Bank not to allow the earlier POA holder to operate the said account.
The GPA cannot be made criminally liable, but a civil suit can be filed against him for any act done beyond the realm of GPA.