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Hi, as the title states, not sure where to post my question as there are several things I hope to get advice on please.
My first concern is whether or not I need to apply to the Courts of Protection to be a deputy for my sister who has dementia and no physical or mental capacity. Her husband had Power of Attorney but he sadly passed away a few weeks ago. They have no children and I am now her next of kin. I have been contemplating whether I should apply as a deputy for her but I have been told it's a lengthy, costly process, she is in her late eighties and very frail so I don't know if there's any point in proceeding. She is in a care home and the staff know me well as I used to visit her once a week from the first day and now visit twice a week since she lost her husband. They know that I am her next of kin and always consult me with anything regarding her care therefore I don't know if there's any need to apply to be her deputy.
Secondly. I suspect her husband had been given very poor advice by his solicitor when drafting his Will. Either he expected my sister to pass away first or his solicitor failed to advise him properly. He made a Will 6 years ago when my sister went into the care home. In his Will he wanted to distribute his estate between 7 beneficiaries in equal amounts but his solicitor now says his Will is ineffective as all of their estate etc are in both of their names everything is now owned by my sister. I didn't come across a copy of a Will for my sister when I cleared the home they once shared so don't know if she has one or not. I was told by the same solicitor that since I am her next of kin I will inherit all of her estate after her passing. Hearing this I decided, when the time comes, I will carry out the wishes of my brother in law if it transpires my sister hasn't made a Will as I am confident this is what she would have wanted but now I've learnt I might only receive half of the estate as our estranged brother (who is now deceased) has a surviving son and will inherit the other half. I know for a fact this is something they would never have wanted - either of them!
I am now at a loss of what to do next. Was the solicitor at fault, knowing the circumstances of my sister's illness, not to advise my brother accordingly to make preparations in the event she should survive him and was the solicitor at fault for not explaining to my brother his Will would be void?
I wonder if there is a way of finding out if my sister has drafted a Will?
Thank you.
My first concern is whether or not I need to apply to the Courts of Protection to be a deputy for my sister who has dementia and no physical or mental capacity. Her husband had Power of Attorney but he sadly passed away a few weeks ago. They have no children and I am now her next of kin. I have been contemplating whether I should apply as a deputy for her but I have been told it's a lengthy, costly process, she is in her late eighties and very frail so I don't know if there's any point in proceeding. She is in a care home and the staff know me well as I used to visit her once a week from the first day and now visit twice a week since she lost her husband. They know that I am her next of kin and always consult me with anything regarding her care therefore I don't know if there's any need to apply to be her deputy.
Secondly. I suspect her husband had been given very poor advice by his solicitor when drafting his Will. Either he expected my sister to pass away first or his solicitor failed to advise him properly. He made a Will 6 years ago when my sister went into the care home. In his Will he wanted to distribute his estate between 7 beneficiaries in equal amounts but his solicitor now says his Will is ineffective as all of their estate etc are in both of their names everything is now owned by my sister. I didn't come across a copy of a Will for my sister when I cleared the home they once shared so don't know if she has one or not. I was told by the same solicitor that since I am her next of kin I will inherit all of her estate after her passing. Hearing this I decided, when the time comes, I will carry out the wishes of my brother in law if it transpires my sister hasn't made a Will as I am confident this is what she would have wanted but now I've learnt I might only receive half of the estate as our estranged brother (who is now deceased) has a surviving son and will inherit the other half. I know for a fact this is something they would never have wanted - either of them!
I am now at a loss of what to do next. Was the solicitor at fault, knowing the circumstances of my sister's illness, not to advise my brother accordingly to make preparations in the event she should survive him and was the solicitor at fault for not explaining to my brother his Will would be void?
I wonder if there is a way of finding out if my sister has drafted a Will?
Thank you.
