Help with Will and Power of Attorney

[interstellar]

I wondered if someone can steer me in the right direction with this one.

Background is as follows:

My wife's father passed away suddenly in May. He was the last living relative of my wifes Grandmother and he was an only child.

He had power of attorney for him and my wife over Grandmothers affairs set up in 2004 but not executed.

Now he has gone my wife has assumed power of attorney and is helping said grandmother with finances next week as she lives 300 miles from us.

Solicitor today told my wife her Dad executed POA in Feb 3 months before he died but we don't know why. (Grandmother is 92 so perhaps he thought she was losing the plot a bit, she is to be fair).

Main question here is about her Will. Although we haven't seen it yet we assume everything was left to my wife's Dad as the only child. Grandmother can't find it and we are trying to work out which solicitor has it but she has said she wants it to go the her 3 grandchildren now he has gone. Does she need to change her will or as he is no longer with us would it pass straight to his children? She just wants to get everything in order really.

In short, do we need to change the will for that to make it happen or would it legally just miss that generation and go to the 3 grandchildren anyway?

We are hoping this is the case as trying to explain with solicitors and get her to visit and go through everything wont be straightforward and hopefully can put Grandmothers mind at rest that it will be fine left as is.

Does anyone know?

[anonymous-user]

If the power of attorney was agreed recently they have to inform interested parties. So you should have been informed OR other interested parties would have agreed in your absence. I got one for my mother when she was ill and my father way dying. We had to nominate a couple of people to verify and they were contacted.
This was 2014.

This is the case in England anyway.

[JonV8V]

Depends what you're thinking, if she dies without a will then..

https://www.gov.uk/inherits-someone-dies-without-w...

This would say grand children would get it.

If she dies with a will, it's whatever the will says which may or may not have provisions in the event of beneficiaries potentially dying (eg minimum times to survive after the first death) or already have other measures to minimise IHT (eg skip generations).

If it's not otherwise stated in the will. and there is a will, as I understand it, if it's direct blood line i.e. children, grand children, then leaving to a child who is now deceased, it passes to the grand children, but not if it's not a direct bloodline downwards i.e. If you left your estate to a now deceased sister.

I think this is what you are relying on and should be ok but as always, why chance it when a solicitor isn't expensive for the peace of mind in your exact situation.

Edited by JonV8V on Wednesday 12th October 06:14

[uknick]

interstellar said:

My wife's father passed away suddenly in May. He was the last living relative of my wifes Grandmother and he was an only child.

If he was the last living relative of the grandmother, what connection does your wife have to the grandmother?

[TooMany2cvs]

interstellar said:

Main question here is about her Will. Although we haven't seen it yet we assume everything was left to my wife's Dad as the only child. Grandmother can't find it and we are trying to work out which solicitor has it but she has said she wants it to go the her 3 grandchildren now he has gone. Does she need to change her will or as he is no longer with us would it pass straight to his children? She just wants to get everything in order really.

It depends exactly what the will says. If it simply says everything to Mr X (who's now dead), then she'll be treated as intestate, and the usual rules of intestacy say that the grandchildren will get it. If it specifies anything else, then that takes precedence.
https://www.gov.uk/inherits-someone-dies-without-w...

Seems like the obvious answer is to make a new will. It doesn't need to be complicated - and a DIY kit, with a little basic research, will have it sorted for a few quid.

[JonV8V]

TooMany2cvs said:

It depends exactly what the will says. If it simply says everything to Mr X (who's now dead), then she'll be treated as intestate, and the usual rules of intestacy say that the grandchildren will get it. If it specifies anything else, then that takes precedence.
https://www.gov.uk/inherits-someone-dies-without-w...

Seems like the obvious answer is to make a new will. It doesn't need to be complicated - and a DIY kit, with a little basic research, will have it sorted for a few quid.

Not sure that's totally correct - I believe if she say left to only one of two children and that child is dead but has children then it passes to them and not in accordance to intestacy rules (only works with direct decendants so daughter in law for instance wouldn't count). Either way, a new will makes sense as you suggest.

[interstellar]

uknick said:

interstellar said:

My wife's father passed away suddenly in May. He was the last living relative of my wifes Grandmother and he was an only child.

If he was the last living relative of the grandmother, what connection does your wife have to the grandmother?

Well spotted. That was a mistake. I meant to say he was the only living child of hers not relative.

[interstellar]

JonV8V said:

Not sure that's totally correct - I believe if she say left to only one of two children and that child is dead but has children then it passes to them and not in accordance to intestacy rules (only works with direct decendants so daughter in law for instance wouldn't count). Either way, a new will makes sense as you suggest.

Agreed a new will is best but at 92 its not straightforward for her, she hasn't found it yet so she cant remember what it specifically says.

When she finds it, we will get a solicitor to look at it. It may be clear (as she thinks it is) that it was left to her only child (FIL who died in May)and it will go to the 3 grandchildren (as that is her wish). If so we may be able to leave it as is and save her the hassle of making an amendment etc now he has gone.

If its not too tricky we will get a new one done.

Thanks for your help guys.

[TooMany2cvs]

interstellar said:

Agreed a new will is best but at 92 its not straightforward for her, she hasn't found it yet so she cant remember what it specifically says.

When she finds it, we will get a solicitor to look at it. It may be clear (as she thinks it is) that it was left to her only child (FIL who died in May)and it will go to the 3 grandchildren (as that is her wish). If so we may be able to leave it as is and save her the hassle of making an amendment etc now he has gone.

If its not too tricky we will get a new one done.

Thanks for your help guys.

If she makes a new one, it'll automatically supercede the old one, whatever the old one said.

[interstellar]

TooMany2cvs said:

interstellar said:

Agreed a new will is best but at 92 its not straightforward for her, she hasn't found it yet so she cant remember what it specifically says.

When she finds it, we will get a solicitor to look at it. It may be clear (as she thinks it is) that it was left to her only child (FIL who died in May)and it will go to the 3 grandchildren (as that is her wish). If so we may be able to leave it as is and save her the hassle of making an amendment etc now he has gone.

If its not too tricky we will get a new one done.

Thanks for your help guys.

If she makes a new one, it'll automatically supercede the old one, whatever the old one said.

Her wishes haven't changed it, that's the main thing. Thanks all.

[ColinM50]

A new will made now takes precedence over any old wills that predate it. I note that she lives 300 miles away. If it were me I'd get in touch with a solicitor near her home and ask them to arrange a visit to write a new will, ask them for quotes at the same time, but you want to make sure she leaves her money to who SHE wants to leave it to. Ideally you'd want to be there at the time to make sure her will says what she wants it to say. Not unknown for "that lovely nurse XXX in Granny's nursing home" to suddenly be a beneficiary.

And at 92, I'd make the call today.

As an idea of cost, my and SWMBO's mirror wills cost c£200 for the pair. A DIY will kit from WH Smiths will be around £20

Google will find you solicitors in any town