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

[Amethyst]

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

Ahh. When you say written up .. by whom?

[Shane1104]

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

Ahh. When you say written up .. by whom?

the "Estate Planner" - same guy from the PoA and the current wil

[enaid]

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

So 3 wills 1 maybe destroyed, the current one and the last one unsigned, so void.
The same estate planner witnessed the will and the LPA at the same time, over a year ago?

Originally Posted by Shane1104The witnesses for the will were:
Estate Planner (Will Writer)
Next Door Neighbour - States didn't know what she was signing - as she was not allowed to see the document
The Witnesses for the PoA were:
The Estate Planner

Jan

By witness for the LPA I meant the Certificate Provider the person who confirmed they discussed the LPA with the donor, was that the estate planner?
It is their responsibilty to ensure the donor knows exactly what the LPA is and about and no fraud or undue pressure was used to get them to sign the LPA.
Did the estate planner also witness the donors signature?
Did they also witness the attorneys signature?
You can find out if this was actually registered HERE

The witness for the will has no need to see what is in the will but must be present and witness the testator signing the will

[enaid]

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

You may also like to check if the Estate Planner is registered with the Society of Will Writers LINK
Info HERE if they are registered and what you can do if you are unhappy

[Shane1104]

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

So 3 wills 1 maybe destroyed, the current one and the last one unsigned, so void.
The same estate planner witnessed the will and the LPA at the same time, over a year ago?
Yeh. The PoA and the will has the same signatures as witnesses.



By witness for the LPA I meant the Certificate Provider the person who confirmed they discussed the LPA with the donor, was that the estate planner?
It is their responsibilty to ensure the donor knows exactly what the LPA is and about and no fraud or undue pressure was used to get them to sign the LPA.
Did the estate planner also witness the donors signature?
Did they also witness the attorneys signature?
You can find out if this was actually registered HERE

The witness for the will has no need to see what is in the will but must be present and witness the testator signing the will

Thanks. Will complete this form. No idea at this moment as I don't have the PoA paper in front of me. But from recollection. There are 3 signatures. The donor. The attorney and a 3rd person. Possibly the witness?

[enaid]

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

It will still be on the register unless you or someone has reported the death as said it ends with the death of the donor.

I was just trying to establish if will and LPA were done on the same day by the same peo[le and all was done properly.

[Shane1104]

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

You may also like to check if the Estate Planner is registered with the Society of Will Writers LINK
Info HERE if they are registered and what you can do if you are unhappy

Thanks. I dont seem to be able to find him?

"Just Wills and Legal Services Ltd is one of the leading home visit Wills, Estate Planning and Probate services in the country. The majority of our consultants and partners have been giving individual advice for many years so you can be sure that you are in safe hands. We are members of the Society of Will Writers and PALS which guarantees continuity of service. To be certain that the documents we produce do what they are meant to do, our legal back up is delivered through a highly qualified team which includes STEP members at its core.

Our Mission is to bring cost effective personalised Wills and estate planning solutions to you in the comfort and privacy of your own home. Delivered by a company you can trust.

For your confidence and security we are members of the Society of Will Writers for regulatory purposes and belong to The Professional Association of Legal Services which ensures continuity of service to our clients." is a transcript from their page - yet i cannot seem to find this company on the link?

[enaid]

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

Maybe a registered solicitor ? check HERE

If he's one of the ,many unregulated will writers you can do nothing really if the Estate Planner deals with financial matters they will need to be regulated with FCA and FOS I believe.

[Openlaw15]

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

yes, a previous will (now guessing destroyed - left everything to the 2nd executor in this new will (no mention of the carer)- the current will is just over 12 months old.

Also, to note, the day before he died, a new will was written up - excluded jan from all of this - however, this is unsigned due to the untimely death.

Update:

What date did the grandfather die, and do you have a copy of the Last Will and Testament (whether signed or not), as I think it will still be valid under equity rules (see below).

General information:

I have come across case authorities where initials were sufficient for the signing of a Will. Ok, under the law of Wills (Wills Act etc) any Will made must be in writing, witnessed etc. Now, where the Will has not been signed the Will would not normally be valid. Nevertheless the legal system offers another remedy called 'equity,' developed to run alongside law (equity follows law where the law is too strict etc). However, equity (is discretionary) does not normally assist volunteers (ie in gift type situations, not paid for thing etc), but there are some situations where it will avail. It will assist where the testator (Will maker) has done everything in his power to transfer gifts, based on common law.

[Openlaw15]

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

http://www.step.org/high-court-dismi...ntary-capacity

this from 2014 states the banks law is still current?

from here i'm guessing the next step is to speak to his solicitor and explain as mentioned here, gaining a caveat and assesing the situation?

You could get a Caveat yourself which would stop a grant of representation from being made (ie stop the executor from executing the Will) - it only costs £20 too. If you've already paid your solicitor a lump sum in advance, this would be covered I expect.

https://www.gov.uk/wills-probate-inh...representation

[enaid]

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

You could get a Caveat yourself which would stop a grant of representation from being made (ie stop the executor from executing the Will) - it only costs £20 too. If you've already paid your solicitor a lump sum in advance, this would be covered I expect.

https://www.gov.uk/wills-probate-inh...representation

Think you'll find this info was given in post 40

[Openlaw15]

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

Think you'll find this info was given in post 40

To be fair it just looked like a random word 'Caveat' link. I for one didn't know it was the government's link until I clicked on it.

[Shane1104]

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

Hi all, few things to update on - think he is going ahead with the Caveat

My Partners dad (The substitute executor) received a letter today from DWP, regarding them owing the deceased some pension payments - on the form it states to fill in the executors details (Doesn't ask for a particular order, but i'm guessing you follow the order of the will) so the DWP can pay the owed monies - now isn't this money going to personally benefit the executor, rather than going into the "Estate Fund"?

secondly, Jan - she visited the bank of the deceased to get an "Estate Account" opened so that all policy payouts, monies due to be paid out etc can all come from this account - however she is stating the bank says it's okay to use her own personal account for this?
can this be done? i was under the assumption an Estate Account gets opened?

Cheers all

[Openlaw15]

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

Hi all, few things to update on - think he is going ahead with the Caveat

My Partners dad (The substitute executor) received a letter today from DWP, regarding them owing the deceased some pension payments - on the form it states to fill in the executors details (Doesn't ask for a particular order, but i'm guessing you follow the order of the will) so the DWP can pay the owed monies - now isn't this money going to personally benefit the executor, rather than going into the "Estate Fund"?

secondly, Jan - she visited the bank of the deceased to get an "Estate Account" opened so that all policy payouts, monies due to be paid out etc can all come from this account - however she is stating the bank says it's okay to use her own personal account for this?
can this be done? i was under the assumption an Estate Account gets opened?

Cheers all

When a trustee's/ executor's own money mixes with another's interest ie 'the proceeds of estate' in a personal bank account it creates problems. Advise against this...as the rules are complicated and probably expensive to trace money once it's mixed with the executor's own money.

[Shane1104]

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

When a trustee's/ executor's own money mixes with another's interest ie 'the proceeds of estate' in a personal bank account it creates problems. Advise against this...as the rules are complicated and probably expensive to trace money once it's mixed with the executor's own money.

Thanks for this! it's my understanding that it has already been done..

still no records of it on the probate link either