Aunt has died with will

Hawaiilady76

My Aunt died last week. She made a will in 2011, naming me as her executor. I do not know if this will is still valid.. Her sister in law took her to a solicitor 2 years ago in order to put a POA in place, without telling anybody else (my aunt had shown signs of slight dementia prior to this). Now that my Aunt has died, the SIL has arranged the funeral and seems to be intent on handling my Aunts estate. She has applied for the death certificate and has the keys to my Aunts house. The SIL says my Aunt did not make a new will when she did the POA, and that she isnt aware of any other wills that have been made since 2011. What are her rights and what should I be doing?

Socajam

You need to get a solicitor to write her a letter like yesterday making her aware that she cannot do anything to the estate unless she was made executor or she have an updated will dated after 2011

kazwookie

POA dies when the person it is for dies.


Executors of the WILL 'take' over.


I suggest you get to a solicitor with the WILL you have.

Lorian

Doesn't the POA die with the donor?

Hawaiilady76

Thanks for your replies.. I do not have my Aunts will. It is with the solicitor as far as I know. I suspect the SIL thinks she is entitled to do this as she was married to my Aunts brother, although he died 6 years ago.. does being the brothers widow give her any rights even if there is no valid will. She has 2 blood related cousins still alive. I know that if the will is no longer valid then I wont inherit.

Lorian

Contact the solicitor where you believe the will is, when asked tell them of the death, and tell them you believe you are the name executor.

Personally I'd be doing that at 9am tomorrow.

xylophone

Why do you think that the will (presumably drafted by the solicitor who has custody of it) would not be valid?

PoA dies with the donor.

Get in touch with the solicitor holding the will - you could instruct him to write to the SIL to explain that as executor, it is now your legal right and duty to handle the deceased's affairs.

http://www.lawpack.co.uk/wills/articles/article1582.asp

https://www.gov.uk/applying-for-probate/apply-for-probate

TBagpuss

No, she doesn't have any rights as a sister in law
Her rights as attorney ended when your aunt died.
Contact the solicitor you think has the will - and the one who did the POA,if different to check whether there is a more recent will. You may need a copy of the death certificate before the solicitors are able to release the will to you, but you should be able to get a duplicate once this is issued, as they are public documents.

In the mean time, let SIL know that you are the executor and will need her to hand over the keys etc - maybe phrase it as a way of protecting her - you have responsibilty for the house etc and wouldn't want to put her in a position where she might be liable if anything is missing!

Do you know who the beneficiaries under the will are? IS there anyone the SIL may listen to?

Hawaiilady76

Yes, same solicitor did will and POA, which makes me think that another will was made, even though SIL denies it.. a bit of background.. I saw my Aunt every week for past 40 years. All those year SIL lived abroad and had NO contact with my Aunt. SIL came back to UK approx. 4 years ago when her husband (my Aunts brother) died. She started visiting my Aunt regularly. POA was made 2 years ago and days later my Aunt stopped answering the phone to me and wouldnt open the door when I went round. So I really dont know what has been going on in that time. When Aunt went in to hospital, the hospital contacted me as my Aunt had previously named me as her next of kin.. SIL went mad and thats when I found out about POA. Got a copy of POA and matched the dates to when my Aunt started to be strange with me. Now, I am not bothered if the original will is invalid, or if there is another will, or even if there isnt another will, I just want it to be done legally.

unholyangel

Hawaiilady76 wrote: »

Thanks for your replies.. I do not have my Aunts will. It is with the solicitor as far as I know. I suspect the SIL thinks she is entitled to do this as she was married to my Aunts brother, although he died 6 years ago.. does being the brothers widow give her any rights even if there is no valid will. She has 2 blood related cousins still alive. I know that if the will is no longer valid then I wont inherit.

Why would it? Your uncle chose to marry her, your aunt didn't.

Unless there is a newer will which expressly revokes the previous wills then the original will stands. Unless perhaps its found invalid for another reason but your aunt making a POA years later wouldn't suffice.

For a start, your aunt would've required capacity to make the POA.

Lorian

you issue really is not if the will you knew off is invalid - your issues are likely to be if a) it still exists and b) has been superseded by a later will or c) been changed by way of codicil.

t