Carer being granted Power of Attorney - and 1st executor in a will

[Shane1104]

Re: Carer being granted Power of Attorney - and 1st executor in a will

Hi all,

to add - today my partners father has received a small cheque for £65 - the name on the cheque States Mr D *******, EST Mr H **********

now as this cheque is in his name - i presume it can only go into his account and then he just passes the money onto the executor to be paid into the estate account?

[Shane1104]

Re: Carer being granted Power of Attorney - and 1st executor in a will

hi all - few questions please

how long can probate take?

can the sale of the house begin before probate is granted?

as in this case, we are sure that Jan wants to sell the house ASAP - reasons unknown - possibly due to the monetary gain she is about to receive - £70k+
which in my opinion she doesn't deserve a single penny - but it's not my place to say that

[enaid]

Re: Carer being granted Power of Attorney - and 1st executor in a will

Probate about 6 to 8 weeks but can take longer if there are are problems with the application, (many months I believe in some cases)
The house can be marketed but not sold before probate as the solicitor acting for the buyer would need a certified copy of the grant.

That's how things went for me but obviously things are not the same for everyone. My dads estate was straight forward.

[Shane1104]

Re: Carer being granted Power of Attorney - and 1st executor in a will

Hi all,

since the burial on Thursday, Jan seems to have taken a different approach to the estate now and has said "if anyone contests the will, she will see to it that everything goes to Cancer Research" - now i don't even know if she has the power to do that but a threat nontheless!

She has opted to sell the house online - not via an estate agent (didn't even know thats possible) and has stated that she wants the contents to be sold alongside the house, yet the contents were not left to her in the will (which she hasnt even sent to probate yet)

now then... Probate..

From what i can gather she has contacted them, at least, and they have sent her some forms to complete - however these forms are asking for names, dobs, addresses of family members that may not even still be alive, as my partners dad only kept in contact with his dad (The deceased) and not anyone else in his family.

As stated before - all the proceeds of insurance payouts, etc are going into Jans personal savings account as the bank wouldnt let her open an estate account due to not having grant of probate yet.

To me, this seems like a woman who is well out of her depth, who is not using any legal help that we are aware of, and seems to be in it just for a quick payday - without proof of course this is meaningless.

Due to the deceased granting Power of Attorney to Jan, we can assume that he was not in a fit state of mind - yet a will was written up, and cleared - naming her as first executor and only beneficiary (iffy, i know)

I'm sure my partners father will be getting a caveat to allow time to get legal advise with the points being:

He was not aware of a new will, even though he was main executor on the previous will (does he have to be made aware a new will is valid?)

The current executor was his carer for 7 years, 3 in a professional manner, 4 in a "as and when she can" manner

not following the contents of the will to an exact point - trying to sell contents that are not hers

pretty much blackmail by stating if she gets nothing, nobody gets anything