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Advice on wills - power of attorney

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  • Advice on wills - power of attorney

    Hi,

    Would appreciate some advice on the topic of wills.

    Family member took Power of Attorney over parents' death (despite not seeing them for 12 years). Didn't dispute this as was unwell at the time - parent died and sister never told me about the death found out on the Internet.

    Have been in touch with solicitors who drew up will as sister has not contacted me - we don't speak and would not want to now after all the bad blood over the years. There is no chance. I have written asking about the will and funds. I was with parent lots before they died lost contact due to illness and sister we never saw for 12 years dived back in again.

    It turns out that myself and brother (who I don't speak too) are named as Executors of the will. I don't know his address his phone is dead (surprise there).

    I cannot instruct the solicitor to do anything without the other executor's permission.

    Is there anything I can do to recover the funds other writing to my sister asking where the money is .. she is not someone I would say would spend this money and is qualified in business and not someone I would have down as being a person who would spend the money.

    I have written and been ignored -

    Solicitor told me POA is dead in the water when someone dies .. told me to contact Police ?? or brother (executor) ??

    So I appear trapped no second executor and up against someone with business acumen and lives ina a one million pound house not short of money to throw at solicitors perhaps?

    Me clueless on wills - how can a POA extract money from a bank account when someone dies?

    I m not too fussed on the Police option really ... but would be happy to use a county court to recover my inheritance.

    Sister was left out as an executor as my parent believed they would not fulfill their duty and deal with the will has required by law and in accordance with their wishes.,

    I would appreciate any advice ... and thank you ..
    Tags: None

  • #2
    Estate value 2012 was 25k

    Comment


    • #3
      I believe what you need to do is convince the Probate Registry that you have made diligent search for the missing executor.
      Try phone book and sources like online listings such as 192.com
      Social media such as Facebook, as well as places like Companies House and Land Registry

      The non-contentious probate rules provide for a residuary beneficiary to apply for letters of administration, and there then follows a hierarchical
      list of people who are authorised to apply for such a grant. (Rule 20 of the Non-Contentious Probate Rules 1987)

      Check with Probate Registry if that is an acceptable course to take.

      Estate value £25,000 and appointing a solicitor for what is probably a simple will?

      Comment


      • #4
        Im still getting nowhere with this matter. Current situation .. i dont have contact with other executor. I have found out that I cannot get a copy of the will. The solicitor holds a will which was replaced by another which names me as a trustee. So i cant get access to financial records.* What i have found out is that someone who was named in the previous will has* used that will and closed an active bank as probate was not needed for the sum of money involved.* The problem now is they cannot as i see it the bank accounts were probate is required as the funds will not be released without probate. The original wills needed for probate is at the solicitors office and they know the person executing the older will is only named as a beneficiary in the will in which im a trustee. I cannot afford to use the solicitor holding the wills as they are asking hundreds to even open a ffile.i have contatced the person holding the funds but getting nowhere. Would appreviaye any advice

        Comment


        • #5
          Are you saying the solicitor is refusing to release to you the will which names you as joint executor?

          What searches have you carried out for your brother?

          Comment


          • #6
            Hi i have checked 192 .. facebook only address i have is an kld address. Solicitor wouldnt give me a copy as joint trustee wasnt with me* ...*

            Comment


            • #7
              Other than obtaining a court order that the solicitor discloses the will, I can't think of any other way out of your problem.

              For an estate of £25,000 split how many ways... it may not be worth it.

              Comment


              • #8
                I know ... 25 k / 3 .. may look for a no win no fee brief see what pans out. Thank you

                Comment


                • #9
                  Am still working on this case. This estate might be worth more than initial estimate. A person not named as a trustee but named as a benefactor has used an old will to gather up the bulk of the estate.
                  as there is a later will this person had no rights to have acted in this way. They were told that the will they were using had been re written. The person holding the funds is a person of means. Other than getting a solicitor or them paying up .. are there any criminal offences committed by this persons actions.
                  i believe that once they held the funds knowing the will was not valid there could be theft or fraud.
                  Not prepared to give this one up really.

                  Comment

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