Power of Attorney

Suzanne_Louise

Hi all.

My uncle had power of attorney on my grandmother's finances. Tragically, he passed away earlier this week after a short illness. My grandmother is 87 and not in the best of health. Does this automatically pass onto anyone else within the family?

Also, half of her house is in his name; with the remainder being to her 4 grandchildren - my mother (her daughter) passed away several years ago.

Would my grandmother's estate automatically now go to all 4 grandchildren?

Sorry for the questions, but as you can imagine, she's devastated, and if she can avoid having to re-write her will, she'd prefer that, as it's just all too upsetting for her.

BillTrac

Suazanne,

sorry for the loss of your uncle.

Having looked into gaining Power of Attorney for my mum's sake I think you will find that you will have to go through the whole rigmarole again.

I picked up the paperwork that Santander require yesterday, and apparently a solicitor is required to make things legal. So I am sure that it will not be as simple, or as cost-free, as you or your grandmother would like.

As to his half of the house, did he leave a will himself?

Good luck.

tanith

I think you'll need legal advice too, if your Nan willed your Mum and 3 others half her house then its possible that your Mums share will go to her heirs not to the other 3 heirs named by your Nan... its all very complicated.. you could get a solicitor to come to the house if thats better for you Nan

Suzanne_Louise

BillTrac wrote: »

Suazanne,

sorry for the loss of your uncle.

Having looked into gaining Power of Attorney for my mum's sake I think you will find that you will have to go through the whole rigmarole again.

I picked up the paperwork that Santander require yesterday, and apparently a solicitor is required to make things legal. So I am sure that it will not be as simple, or as cost-free, as you or your grandmother would like.

As to his half of the house, did he leave a will himself?

Good luck.

As far as I'm aware, yes, he would have had a will as he had a wife and 2 children. I'll suggest that the family solicitor pays her a visit. I know when my mother and then my grandfather passed away, she updated her will, but obviously my uncle was around to help sort this out for her. I don't think his wife and children need the hassle of doing this at the moment, so I've already suggested to her that I can look after her affairs for her; see how it goes.

Thanks for the advice!

Mojisola

Suzanne_Louise wrote: »

My uncle had power of attorney on my grandmother's finances. Tragically, he passed away earlier this week after a short illness. My grandmother is 87 and not in the best of health. Does this automatically pass onto anyone else within the family?

No, you'll have to do what BillTrac says and start again.

Also, half of her house is in his name; with the remainder being to her 4 grandchildren - my mother (her daughter) passed away several years ago.

Would my grandmother's estate automatically now go to all 4 grandchildren?

If he has left a will, then his part of the house will be distributed according to his wishes. Your grandmother's half will go to whoever is named in her will. She probably won't need to make a new will but it's impossible to be sure without seeing the will. Best to get some advice on that.

Does your uncle's will have a clause which allows your grandmother to stay in the house until her death or will she need to sell up?

Sorry for the questions, but as you can imagine, she's devastated, and if she can avoid having to re-write her will, she'd prefer that, as it's just all too upsetting for her.

It's good that she's got family around who are willing to help her through this difficult time.

Suzanne_Louise

Mojisola wrote: »

It's good that she's got family around who are willing to help her through this difficult time.

I think they were advised by their solicitor to put it half in his name when my grandfather was taken ill with dementia. My uncle had no monetary interest in the house, as my grandparents bought it for cash when they retired.

All seems as though this is going to be very complicated!

RAS

This is indeed going to be complicated as it depends whether the property is held as tenants in common or as a joint tenancy. You need to know. Check the Land Registry (costs £4).

Mojisola

RAS wrote: »

This is indeed going to be complicated as it depends whether the property is held as tenants in common or as a joint tenancy. You need to know. Check the Land Registry (costs £4).

As RAS says, the type of ownership is going to be the key. If the house was held as joint tenants then they both owned "all the house" and when one owner dies the other still owns all the house. The whole of the house would then become part of the survivor's estate.

If they owned the house as tenants in common then they each owned a distinct part of the house, usually 50/50 but not always. In this case, when one owner dies, their part of the house will be considered to be part of their estate and distributed according to their will.

Suzanne_Louise

RAS wrote: »

This is indeed going to be complicated as it depends whether the property is held as tenants in common or as a joint tenancy. You need to know. Check the Land Registry (costs £4).

Just downloaded it and it's got both my grandparents as registered owners, but my grandfather died 4 years ago.

Rach39

Suzanne_Louise wrote: »

Just downloaded it and it's got both my grandparents as registered owners, but my grandfather died 4 years ago.

that makes it more straightforward then - her will probably leaves half the house to your uncle and half to her grandchildren but since the house is still registered in your grandparents' names he never actually became an owner! Your grandmother should probably amend her will to reflect his passing and her wishes for the house now. In respect of the POA unless your uncle was appointed jointly with someone else (in which case they can take over) it will have to be drawn up again I'm afraid. At least the Estate should be less complicated than you envisaged, I hope it all goes smoothly for you.

Rach39

Another thing to consider.... is your grandmother still able to execute a POA? If she is deemed 'incapable' and your uncle was actively excercising his rights as attorney it may be necessary to apply for an Order for Controllership in respect of your grandmother. Also, if deemed 'incapable' she will not be able to alter her will either.