Power of Attorney | Power of Attorney Sydney

Is a Power of Attorney liable to Stamp Duty in NSW?

Does a Power of Attorney Sydney have to be registered before a contract can be signed by the Attorney?
No. It must, however, be registered in the General Registry of Deeds before dealings affecting land, such as a Transfer, are signed.

Should I provide a copy of my client’s will to his attorney?
Without the authority of the client, a solicitor is not at liberty to provide the attorney with a copy of the will.

Under s22 of the Powers of Attorney Act a person who is named as a beneficiary of a specific item which is sold, mortgaged, charged or disposed of by a person as an Attorney has the same interest in any surplus money or other property of the Estate as if no sale, mortgage, charge, disposition or dealing had been made. It is therefore prudent to alert the Attorney if they intend to deal with the principal’s property the subject of a specific gift in the principal’s will.

In NSW the only person entitled as of right to view the will of a living incapable person is the NSW Trustee and Guardian. To avoid problems it is recommended that at the time of making the power of attorney Sydney specific instructions be obtained as to whether or not the solicitor may provide the attorney with a copy of the principal’s latest will.


AM Legal Compensation Lawyers FAQ Directory. Click on the link for more information on wills and probate.

Wills & Executors

Probate, Letters of Administration, Beneficiaries & Administration of Estate

Please telephone Antony Mastrogiannis should you wish to discuss the above, have further questions or make an appointment about a power of attorney Sydney.

For a limited time we are offering 10% discount for Wills and Probate Sydney enquiries for past and present clients.

Power of Attorney Sydney

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For further information on power of attorney, please click on the following link: What is a POA? | The NSW Trustee and Guardian

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