Great Nephew being heir hunted for remainder of estate

[braeheadlamp]

Good Morning

I am looking for some advice. A friend has recently came to me for support. He was power of attorney to his non-blood uncle (married blood related auntie) who has since passed. My friend has children who were all named as receiving equal amounts of money each in the will, but he my friend was left off the will. He did not know this until his Uncle has died.

Years have passed now and while he was power of attorney he used his uncles money, with permission, to help pay for fees for his children for various things as well as for him and his Wife. Years down the line a blood related Great Nephew, also a beneficiary on the will - but not named a residual beneficiary at the time the will was written, has been heir hunted by a solicitor, as the Uncle died intestate and has mentioned how much this Great Nephew can now claim for. The solicitors who have heir hunted have now asked my friend to pay back all the money that was spent with permission as the Great Nephew could be entitled to the remainder of the estate. (over £250,000)

I am just looking for some advice to ease my friend. He is now worried that he cannot afford to pay back the money that was spending while acting as Power of Attorney. No other blood relatives are left of the Uncle apart from the Great Nephew who never made any contact with this Uncle or visits. Is there anyway that my friend may not have to pay the money back or can his children also make a claim against the remainder of the estate as they were beneficiaries too? Remembering they are not blood related. but would be classed as non-blood great nephew and nieces?

Just looking for advice, would be very grateful for any.

Thanks

[des8]

Hi and welcome.

I'm afraid your post is rather confusing.
In the first paragraph you state there was a will, but in the second paragraph you state the uncle died intestate?
How long ago did the uncle die.. "years have passed" One, ten, fifty???

If money was spent with permission there is little that can be claimed.
In any case the executor or administrator deals with the estate as it stands at time of death.
If there are queries over the use of money by the holder of a POA it is for the Office of Public Guardian to deal with

Tagging Peridot

[Peridot]

Hi Braeheadlamp,

As Des8 mentioned all a little confused I'm afraid.

The Will if there was one, deals with all the assets of the 'Uncle' at the date he died, not before he died. Who was the Executor (if there was a Will) or Administrator (if there was no Will) who dealt with the estate when 'Uncle' died? You mention beneficiaries under the Will but not residuary beneficiaries which then becomes confusing as you then mention an intestacy (where there would only be residuary beneficiaries).

As mentioned above any issues over what the 'Uncle's' money was used for, by his attorney before his death would be an issue for the Office of the Public Guardian. Why were you acting as the Attorney. Had your 'Uncle' lost capacity to make decisions for himself or was this purely to assist with the admin getting bill payments organised etc, for example as Uncle requested the help?

If you could answer the queries Des8 posted that will help us try and understand what may or may not be happening here.

[braeheadlamp]

Good Morning

Sorry it is confusing. I am not the best with all the legal terms and how wills work. I will try be a bit clearer.

My friend became power of attorney for his Uncle because he was moved into a care home and then developed Dementia. The will was written before he died for his estate to be passed to my friend's Mother or Father and lump sums to be passed to his children and others. His Mother and Father both unexpectedly passed away before his Uncle. There was no clause written in the will for a third outcome. That if both of my friend's parents passed away who would inherit the estate. Therefore the Uncle's estate became no ones. My friend tried to claim negligence of a poorly written will but the solicitors claimed they had lost his Uncle's file and no further action could be taken.

Four years has now passed and this same solicitor is now claiming that my friend spent money will he was power attorney without permission (as he has no proof) and that they have involved a genomicist who has found a Great Nephew who they have asked to make a claim against the estate which has been left and consequently asking my friend to pay back all the money he had spent over an 8 year period while the Uncle was in care.

I was asking is there anyway that his children could make a claim as they were listed as receiving a lump some, same as the Great Nephew from the estate. Or any other ways that my friend could make any claim or counter claim being a non-blood Nephew. My friend has never heard of this Great Nephew but they have done research into the family tree and he is a blood relative and there is no other surviving family members.

Hope this clears things up a wee bit.

[Amethyst]

Did the children who were named in the will with specific legacies ( in this case lump sums) receive those ?

Only the legacy that was due to go to your friends parents ( who passed away before the 'Uncle') would be returned to the estate ( and be dealt with under intestacy rules ( thus go to nearest blood relative - in this case the Great Nephew ))

Have you a copy of the will ?

[braeheadlamp]

Good Afternoon

Yes they received their lump sums about 6 months after the Uncle died. Also the Great Nephew received his lump sum which was less than half of which each of the children received.

Yes he does have a copy of the will.

It does seem that the blood related Great Nephew is entitled to the rest of the estate and my friend as non-blood related Great Nephew will have to pay back some of the costs he spent while acting as power of attorney despite visiting, caring for him, looking after his money for 10 years while the blood related Great Nephew made no contact, nor visited apart from on the day of his funeral.

[Amethyst]

Okay, did he get proper legal advice on the content of the will ? ( ref the legacies to his parents returning to the estate)

My friend tried to claim negligence of a poorly written will but the solicitors claimed they had lost his Uncle's file and no further action could be taken.

Was that an actual claim or did he just have a discussion with the solicitors who drafted the will?

It would be useful to see the actual wording if he has the will.

How much is Gt Nephew saying needs repaying ? and how much(approx) is the actual estate that was left over after the specific legacies were paid?

[des8]

The great nephew is possibly entitled to the residue of the estate as it stood at the time of the testator's passing, but it is for the Office of Public Guardian to decide if any monies spent by the holder of PoA needs to be repaid.

these monies appear to me to have been gifts, (and depending on the amounts perhaps should have been declared for IHT purposes) and unless the claimant can prove wrongdoing he should take a hike.
As already mentioned there is a proper procedure to be followed

[braeheadlamp]

Good Evening

Thank you very much for your responses.

My friend tried to see the will and find out why the money was not given to him now that both his parents had passed on and he was told that firstly his Uncle's file had been lost and secondly it was none of his business to see the will, despite being power of attorney and he was advised to just leave it or seek legal action. He paid for a Barrister and he advised it was 60% chance of winning which he did not want to run the risk of losing as it would have been very expensive.

Then 4 years later he receives a letter from the High Court instructing to pay back the money spent as a Great Nephew is seeking the remainder of the Estate.

The amount of the estate left was just over half a million and in the 8 year period between himself, Wife, 3 children and grandparents (while they were still alive) spent £250k. This put all his children through uni for 3 years and deposits on houses etc which is what was agreed before his Uncle started to suffer with Dementia.

He has now got involved the same Barrister from 4 years ago but at a very high cost. If he has to pay back the money he will have to sell up and move house where he has lived for 30 years.

[des8]

If he wants to see the will go here: https://www.gov.uk/search-will-probate

I think there is more behind this matter than has been disclosed here.
I find it difficult to believe he has received an order from the Chancery Division of the High Court out of the blue and without the opportunity of defending his position.

He must listen to his barrister.

[braeheadlamp]

It is a very confusing situation he has found himself in and lots of parts to the story. I saw the letter myself and it was from the High Court. Of course he has the opportunity of defending himself which is why he has sought after a Barrister and I was coming on here as a friend to see what others may suggest his options are at this early stage. He has until the end of April to prepare a case and it will be decided then whether it will go to court or a settlement can be made outside court.

I am very grateful for your help and advice.

[Amethyst]

So the gt nephew has brought a claim against him and he's received the claim form/ particulars - there hasn't been an order or a hearing yet ?

[braeheadlamp]

That is correct.

[des8]

Well as he has instructed a barrister, and in the absence of a copy of the particulars of claim I doubt there are any further pointers we can give