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Enduring Powers of Attorney Act 1985

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This is the original version (as it was originally enacted).

2—(1) Subject to the limitations contained in sub-paragraphs (2) to (4) below, persons of the following classes (referred to in this Act as " relatives'0 are entitled to receive notice under paragraph 1 above—

(a)the donor's husband or wife ;

(b)the donor's children ;

(c)the donor's parents ;

(d)the donor's brothers and sisters, whether of the whole or half blood;

(e)the widow or widower of a child of the donor;

(f)the donor's grandchildren;

(g)the children of the donor's brothers and sisters of the whole blood;

(h)the children of the donor's brothers and sisters of the half blood;

(i)the donor's uncles and aunts of the whole blood ; and

(j)the children of the donor's uncles and aunts of the whole blood.

(2)A person is not entitled to receive notice under paragraph 1 above if—

(a)his name or address is not known to the attorney and cannot be reasonably ascertained by him ; or

(b)the attorney has reason to believe that he has not attained eighteen years or is mentally incapable.

(3)Except where sub-paragraph (4) below applies, no more than three persons are entitled to receive notice under paragraph 1 above and, in determining the persons who are so entitled, persons falling within class (a) of sub-paragraph (1) above are to be preferred to persons falling with class (p) of that sub-paragraph, persons falling within class (b) are to be preferred to persons falling within class (c) of that sub-paragraph ; and so on

(4)Notwithstanding the limit of three specified in sub-paragraph (3) above, where—

(a)there is more than one person falling within any of classes

(a)to (j) of sub-paragraph (1) above, and

(b)at least one of those persons would be entitled to receive notice under paragraph 1 above,

then, subject to sub-paragraph (2) above, all the persons falling within that class are entitled to receive notice under paragraph 1 above.

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