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?

[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.

[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.