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Can we open a will

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  • Can we open a will

    Hi, my motherinlaw is in hospital, and they are saying that she can not return to her council flat, as she will need 24hr/ 7 days a week care, so she will have to go into a home of some sorts , but that means that we will have to clear her flat out, but she has a will, and we think she has left certain things to friends etc, but as there is the will we cant open it , any ideas how we stand on this ?. Thanks.
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  • #2
    Re: Can we open a will

    Hi,......best advice I can give..........ask a solicitor,,

    Comment


    • #3
      Re: Can we open a will

      Originally posted by moodys View Post
      Hi, my motherinlaw is in hospital, and they are saying that she can not return to her council flat, as she will need 24hr/ 7 days a week care, so she will have to go into a home of some sorts , but that means that we will have to clear her flat out, but she has a will, and we think she has left certain things to friends etc, but as there is the will we cant open it , any ideas how we stand on this ?. Thanks.
      No, you may not open it. Nor may you start distributing her property. To do so would be theft. Whilst she remains mentally capable, and you do not possess Power of Attorney, you must consult her with regard to the disposal of her property.

      Comment


      • #4
        Re: Can we open a will

        A will is someones wishes after they have died,before that they make the decisions unless as stated by enquirer a power of attorney has been obtained

        Comment


        • #5
          Re: Can we open a will

          I am in such a position myself and both my sister and I are in the process of registering an Enduring Power of Attorney with the Office of the Public Guardian (OPG).

          What the others have said in this thread is correct. Seek advice from a legal professional where doubt exists.
          Life is a journey on which we all travel, sometimes together, but never alone.

          Comment


          • #6
            Re: Can we open a will

            Originally posted by enquirer View Post
            No, you may not open it. Nor may you start distributing her property. To do so would be theft. Whilst she remains mentally capable, and you do not possess Power of Attorney, you must consult her with regard to the disposal of her property.
            Not legally anyway.
            But you'd be surprised how often family heirlooms 'go astray'.......................
            CAVEAT LECTOR

            This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

            You and I do not see things as they are. We see things as we are.
            Cohen, Herb


            There is danger when a man throws his tongue into high gear before he
            gets his brain a-going.
            Phelps, C. C.


            "They couldn't hit an elephant at this distance!"
            The last words of John Sedgwick

            Comment


            • #7
              Re: Can we open a will

              Originally posted by charitynjw View Post
              Not legally anyway.
              But you'd be surprised how often family heirlooms 'go astray'.......................
              Indeed you would. That is a very true comment Charity.

              Comment


              • #8
                Re: Can we open a will

                Do you know who the Executors are?
                Maybe get them in and do a complete itinery of what is in the property and get them to sign it.
                It all sounds awful but,like others,I've been there and the vultures soon start swooping

                Comment


                • #9
                  Re: Can we open a will

                  Originally posted by charitynjw View Post
                  But you'd be surprised how often family heirlooms 'go astray'...
                  They will in the case of my rotten family.

                  My executors aren't relatives but my friends. They have been briefed on how my family refused to help at a time when I needed a small loan to ease me through a spot of financial hardship, so they'll know they are to give those rapacious creeps precisely nothing. The family photographs, antiques and Victorian bling are all to go to the local museum, whilst my personal and real estate will be divided where it may do some good.

                  Comment


                  • #10
                    Re: Can we open a will

                    Originally posted by moodys View Post
                    Hi, my motherinlaw is in hospital, and they are saying that she can not return to her council flat, as she will need 24hr/ 7 days a week care, so she will have to go into a home of some sorts , but that means that we will have to clear her flat out, but she has a will, and we think she has left certain things to friends etc, but as there is the will we cant open it , any ideas how we stand on this ?. Thanks.
                    Might be best to put everything in storage.:beagle:

                    Comment


                    • #11
                      Re: Can we open a will

                      have a will that says If you can find it you can ave it

                      Comment


                      • #12
                        Re: Can we open a will

                        Originally posted by Streetwise View Post
                        Might be best to put everything in storage.:beagle:
                        I know of a case where, during the funeral, some toerag went back to the house (where the wake was to be held), & 'lifted' the valuables!
                        CAVEAT LECTOR

                        This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                        You and I do not see things as they are. We see things as we are.
                        Cohen, Herb


                        There is danger when a man throws his tongue into high gear before he
                        gets his brain a-going.
                        Phelps, C. C.


                        "They couldn't hit an elephant at this distance!"
                        The last words of John Sedgwick

                        Comment


                        • #13
                          Re: Can we open a will

                          I have already given the jewellery I wanted to bequeath to folks to them.
                          My will simply says : ALL TO MY SON.

                          Comment


                          • #14
                            Re: Can we open a will

                            I haven't got anything to give away!

                            Are you allowed to bequeath your wife and daughter?

                            Comment


                            • #15
                              Re: Can we open a will

                              thanks inca, the executors are my wife (her daughter) and her brother. but i think we will still need to get legal advice.. thanks again...

                              Comment

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