What Is The Validity Period Of The Power Of Attorney In The Event Of The Death Of The Principal

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What Is The Validity Period Of The Power Of Attorney In The Event Of The Death Of The Principal
What Is The Validity Period Of The Power Of Attorney In The Event Of The Death Of The Principal
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The death of the principal is an unconditional basis for the termination of the power of attorney issued by him in accordance with the current civil legislation. Thus, in the case of the indicated death, the term of the power of attorney does not matter, since the corresponding relationship no longer exists.

What is the duration of the power of attorney in the event of the death of the principal
What is the duration of the power of attorney in the event of the death of the principal

The specifics of calculating the validity period of a power of attorney are established by the current civil legislation of the Russian Federation. In particular, the power of attorney must necessarily indicate the period of its execution, since otherwise it is considered null and void. The specific period for which certain powers are transferred may not be fixed, however, in its absence, the power of attorney will be considered valid for a year. There are certain grounds for termination of a power of attorney, which can be implemented either at the will of one of the parties, or in connection with other circumstances.

What happens in the event of the death of the principal

The death of the principal (the person who issued the power of attorney) is the basis for the termination of the specified power of attorney. That is why the question of the duration of its validity in this case is untenable. Immediately from the moment of fixing the death of the principal, the power of attorney is terminated, and the period for which it was issued loses its legal significance. Similar consequences are caused not only by the death of the principal, but also by the recognition of him as partially capable, missing or incompetent. It should be noted that when fixing the death of the person to whom the power of attorney was issued, similar consequences are applied, that is, the power of attorney is also immediately terminated. If the power of attorney allowed for the possibility of transferring and the indicated possibility was realized, then the death of the principal by the original power of attorney also terminates the indicated transfer.

What actions should be taken by the representative in the event of the death of the principal

Civil law does not require the representative to take any additional actions upon the death of the principal. The power of attorney terminates automatically, therefore the document with which it was issued cannot be used for representation purposes. The only duty that is assigned to the representative is to immediately return the power of attorney to the assignee's legal successors. If the representative does not know about the death of the principal, then the legal successors are obliged to notify him of this event, as well as inform about the termination of the power of attorney to all known persons for representation before whom it was issued. In some cases, the relevant message may be posted in the media.

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