will and probate

johannaX

my grandad died at the beginning of the year, leaving a will that stated that my dad was to be executor of the will and left my nan as sole beneficiary. my nan is not of sound mind and hasnt been for several years. my father is an only child and there was some talk of him getting power of attorney, i am concerned that my dad has suddenly been spending a lot of money. no-one else has seen a will and i believe that my dad never saw a sollicitor. are there any government bodies that are responsible for looking into these matters, i am concerned for my nan.

localhero

Hi JohannaX,

This is a real mess. In an ideal world your granddad's will should not have left an outright gift to your nan for 2 main reasons.

1) If she was receiving care or other means tested benefits the inheritance would affect the eligibility of those; and
2) if she didn't have the capacity to manage the money, then in the absence of a power of attorney, a Deputy appointed by the Office of the Public Guardian would have to be appointed to manage her affairs - which is costly.

It is too late for her to make a POA now, so your dad should be making an application to act as her deputy. If appointed, there are strict rules that your dad must follow.

My advice is to try and persuade your father to obtain immediate legal advice - as apart from anything else, if your nan is receiving care (or likely to require it) the local authority will be turning to your father for payment of their fees. He cannot just spend the money and hope the problem goes away.

If you feel that your dad is not fulfilling his role as an executor correctly, you could make an application to the court to have him replaced. Again this procedure is not cheap and comes with the added likelihood of a family fallout.

I would have a chat with him and try and get him to see sense.