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Power of Attorney any help, gratefully appreciated

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  • Power of Attorney any help, gratefully appreciated

    Hi Everyone, ( currently based in North Wales, UK )

    Just looking for some advise or if anyone has been in a similar situation ? Any help would be greatly appreciated. Here is the situation....
    My Uncle whom is currently 83, has been found since his last CT scan has been found to have the C word, the Dr have advised us he is dying. He is currently in and out of consciousness, but still very much talking to us and is somewhat aware of his surroundings.

    He has been disabled for over 60 years since loosing both his legs, however, he has NEVER written any form of Will, my mother ( his sister of course ) were looking at becoming the executor to the will as soon he was due to leave hospital ( as his original admittance to hospital was due to a fall ) However, now of course, things have increasingly changed and my parents are now looking at options in what they can do ? Can anyone please advised what options they have ?

    As advised, regarding the only information we have, no will has been written, and no funeral arrangements are in place however, the finances are there in his Bank account ,but know body has control. As previously mentioned, any information or help would be greatly appreciated. thank you

    Kindest regards,
    Tags: None

  • #2
    He should make (1) Lasting Powers of Attorney (2) a Will. What you say suggests that he may have capacity (a legal term) to do so. A good private client solicitor will do a home or hospital visit.

    What family does he have - wife, children, grandchildren?
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      Originally posted by atticus View Post
      He should make (1) Lasting Powers of Attorney (2) a Will. What you say suggests that he may have capacity (a legal term) to do so. A good private client solicitor will do a home or hospital visit.

      What family does he have - wife, children, grandchildren?
      Thank you for the reply Atticus,

      He was divorced around 45 years ago, we do know he has x 2 sons, but he has had nothing to do with neither of them from birth, we have tried to reach out , but have had absolutely nothing in return, we do know they have stated they wont nothing to do with him, and therefore , we need to respect their wishes.

      Comment


      • #4
        Very sorry to read about your uncle. If he hasn't made a will and doesn't make one before he passes, his sons will inherit under the rules of intestacy.

        Discussing a will with a relative who is "dying" in hospital is not something I would want to do. My advice is to approach the subject tactfully

        Comment


        • #5
          Sometimes these things have to be done. Speak to the man. If he dies without a will, the sons will inherit.
          Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

          Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

          Comment


          • #6
            Thank you for everyone's replies so far, it is very much appreciated, I will not lie, the both Sons are very much intitled, and this I i understand, what is infuriating me is that it will be myself and family who will be paying out the bill for funeral , Wake etc. while the sons will not pay a single penny towards , for them, it will simply be a easy "Pay-day" if that makes sense ? considering one of them is a Busker...

            Nut once again, thank you to one and all for your replies. It is greatly appreciated . ,

            Comment


            • #7
              If your uncle hasn't got and doesn't make a will before passing. your mother should apply to Probate for letters of administration. If successful she will become the estate administrator and manage the estate as an executor would, following intestacy rules.
              She would be entitled to deduct money for the funeral etc from the estate which is likely to be after the funeral bill has to be paid

              Comment

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