LPA in place then death, does LPA still have control or executors, please?

[artfullodger]

Greetings all: This is an area I know little about, apologies.

Sadly a relative , very unwell, may be approaching the end. His sister holds Power of Attorney LPA both financial & health. If & when he dies, does LPA effectively stop & hand over to executor please or does LPA continue??

This is complicated as we've found a will in draft (from solicitor) but not finalised (not sure of formal term) - ie not what I'd expect, no signed & witnessed copy, no letter from solicitor saying "here's your copy & we'll keep one at our offices".

Thanks in advance for any comments or suggestions.

Best wishes to all.

[ostell]

LPA stops on death

If the solicitor does not have a signed and witnessed copy of the will then, unless there is another one somewhere, then the death is intestate and the normal rules of intestacy apply to the distribution of the estate.

So if no will then who is going to volunteer for executor?

I know it sounds cruel but can you ask the relative if there is a will

Check with the solicitor first before anyone does anything.

[des8]

The LPA ceases to have any authority immediately on death of donor.
The executor then takes over, but if there is no will there is no executor so somebody (often a very close relative) preserves the estate, deals with funeral, banks, government agencies etc whilst :Letters of Administration are obtained (if that is necessary).

If the will has not been executed (ie signed and witnessed) it has no validity.

Ask the solicitor if they have an executed copy of the will.

crossed with ostell

[artfullodger]

Thanks people, many thanks, very helpful