Other Executors family trying to get Power of Attorney

dzug1

You'd have been better starting a new thread. This is going to get lost here


The partner gets nothing over and above the will apart from any items that were jointly owned. But items originally owned by your father might reasonably be regarded as falling into that category.


are they justified in doing so? Who are 'they'

Crabapple

Did the Will give a life interest in the contents of the house as well as the house itself? That's quite common, to avoid someone being left a property and having no furniture in it!

If not, then only joint assets would pass to her, she does not automatically have a right to everything in the house. If your father owned normal household furniture before she moved in and they have subsequently used it as theirs it could be difficult to show it should not stay as joint property (sofas for example).

Things like pictures he owned, items of furniture that have passed through your family, you should certainly be saying that these are not part of the trust and need to be returned. It's worth you making a list of such items and saying these are your father's and need to be returned (or removing them if you have access but that could cause arguments).

Realistically she doesn't need anything as she is in a care home and will have limited space for personal items. So it seems like you are saying the family are expecting to keep everything currently in the property and you should make it clear what will not be staying.

Molly2473

dzug1 wrote: »

You'd have been better starting a new thread. This is going to get lost here


The partner gets nothing over and above the will apart from any items that were jointly owned. But items originally owned by your father might reasonably be regarded as falling into that category.


are they justified in doing so? Who are 'they'

"They" being my late fathers partners son and daughter

Molly2473

Crabapple wrote: »

Did the Will give a life interest in the contents of the house as well as the house itself? That's quite common, to avoid someone being left a property and having no furniture in it!

If not, then only joint assets would pass to her, she does not automatically have a right to everything in the house. If your father owned normal household furniture before she moved in and they have subsequently used it as theirs it could be difficult to show it should not stay as joint property (sofas for example).

Things like pictures he owned, items of furniture that have passed through your family, you should certainly be saying that these are not part of the trust and need to be returned. It's worth you making a list of such items and saying these are your father's and need to be returned (or removing them if you have access but that could cause arguments).

Realistically she doesn't need anything as she is in a care home and will have limited space for personal items. So it seems like you are saying the family are expecting to keep everything currently in the property and you should make it clear what will not be staying.

The lifetime interest to reside in and occupy.no mention of contents.

im starting a new thread about the net point regarding the property