Will problem

getmore4less

The wording in the will an the rules of abatement might come into play here.

probably worth working out what should happen should the care fees not eat up everything.

Does the interest in possession trust come first so that the beneficiaries don't see anything from that till the house is sold.

Then what happens to that cash and how do the abatement rules work.

securityguy

Savvy_Sue wrote: »

Well, what's not clear is whether the estate would be insolvent if aunt died sooner rather than later. The cousins seem intent on executing the will, even if the estate is insolvent. I don't see how waiting for the death helps.

There's a huge difference between saying "well, mother with dementia, you were a bit of an idiot when you drew up your power of attorney, so we're walking away and leaving you to it" and "well, local council, my late mother did do some pretty dumb things with her assets and I'm leaving you to recover the money owed to you". Walking away from a dead relative's estate is not something done lightly, but is a lot less emotive than walking away from being a living relative's attorney.

Yorkshireman99

Savvy_Sue wrote: »

Well, what's not clear is whether the estate would be insolvent if aunt died sooner rather than later. The cousins seem intent on executing the will, even if the estate is insolvent. I don't see how waiting for the death helps.

If the donor still has capacity as the OP has said then the COP will not get involved. AIUI there really is nothing that can be done until the donor dies and even then there is not much they can do. Ultimately the LA can put charges on the property and sell it. In which case someone will have to deal with the administration but who is going to pay them? The executors would be foolish to take the job on.