probabate and power of attorney over next of kin

mikemike2

Hi,  recently had a relative pass  and the next of kins are my dad and his brother , unfortunately illnesses mean neither can really take on probate, she had no will.    I have power of attorney over my dad though, which i believe means i could work on his behalf and also  his brothers ?  If so am  wondering whether i should attempt to do probabate  myself  using the power of attorney or is this going to be extremely complicated? Will everyone i contact  such as financial institutions   need to have proof of power of attorney before i can proceed  for instance?   any thoughts welcome.  thankyou 

lr1277

As a minor technical point, if there is no will, a beneficiary can apply for a letter of administration, to administer the estate.
Sorry don't know the answer to your POA question.

Brie

You have PoA for your dad but not his brother.  Best thing to do is to talk to your uncle and find out what he wants to do.  If he's ok to allow you to do all the leg work then you can help him with the admin.  I had no legal right to do anything for my father in law but that didn't stop my MiL from getting me to do all the phone calls and get stuff started about settling his estate.  There was absolutely no question from anyone even without her around to do things like get death certificates etc.

MEM62

Contrary to what is often believed, Next of Kin carried no legal status.  With no will the rules in intestacy will apply.  If you are the most appropriate person to administer you relative's estate then you can apply to do so.  However, if the estate is insolvent do not get involved.    

Keep_pedalling

A LPA or EOA allows you to handle the the finances of the donor (your father in this case) but it does not allow you to act for him as an administrator of an estate. As has already been said you can apply for letters of administration in your own name. Does your father and uncle still have the mental capacity to make financial decisions? I ask because inheriting from this relative may impact their own estates as far as IHT is concerned and if that is the case they may wish to pass up on some al all of this inheritance, but that can’t happen if they lack the mental capacity to make such decisions. 

mikemike2

hi, thankyou for the replies and knowledge ,    lots of new things to think about  , looks like a big family chat needed and a letter of administration needs to be filled out.  

getmore4less

One issue with using any  POA to administer an estate is the grant become invalid if the donor dies.

(POA is an option if an executor or first in line wants to delegate)