The NSW Supreme Court recently found that in certain circumstances a gift left in a will can still go to the right person even if the asset no longer exists when the person dies. Raymond passed away in January 2023. His estate included cash and a $480,000 deposit from an aged care facility. His wife Beverley and five children survived him. During his later years, Raymond's daughter Linda managed his finances using a power of attorney. A power of attorney is a formal document authorising a person to act for another and sign legally binding documents on their behalf. Raymond, in his will, left the deposit from the aged care facility to his wife Beverley. The deposit was paid back to Raymond while he was still alive. Raymond could not gift the deposit to Beverley under his will because the deposit no longer existed. If a gift under a will ceases to exist when the person dies, the beneficiary dose not receive that benefit. This is called the "principle of ademption". Linda argued that because she was using a legal power of attorney when handling Raymond’s finances, the gift should not fail. She relied on section 22 of the Powers of Attorney Act, which prevents ademption when it is the result of an attorney making decisions on behalf of the person who subsequently died. The Court followed the reasoning that the purpose of this law was to prevent this kind of injustice, and that Beverley should still receive the value of the gift. The judge also noted that the family could have avoided the legal proceedings if everyone had cooperated. This case shows the importance of understanding how powers of attorney interact with estates. An experienced lawyer is valuable in ensuring that you receive your benefit, even if that asset no longer exists.