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Thomas
Thomas, Lawyer
Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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does my mother need a will or power of attorney She is a widow

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does my mother need a will or power of attorney? She is a widow with no property and little money. When my father died in 1996 in a similar situation, i was able to sort everything out without him having a will
Submitted: 3 years ago.
Category: UK Law
Expert:  Thomas replied 3 years ago.

Hi,

 

Who does your mother wish to leave her estate to upon her passing?

 

Does she have any other children?

 

Tom

Customer: replied 3 years ago.
yes I have a sister but they have not been in touch for years and she wants to leave what she has to me. I'm her daughter
Expert:  Thomas replied 3 years ago.

How much money are we talking about?

 

Customer: replied 3 years ago.
I don't know exactly, but a couple of thousand at most
Customer: replied 3 years ago.

think I've answered all your qs

chris

Expert:  Thomas replied 3 years ago.

Ok.

 

Power of attorneys are for person who have lost the requisite mental capacity to make decisions for themselves. In anticipation of this they can grant to attorneys powers to make decisions about their welfare/health and finances. Info here:-

http://www.publicguardian.gov.uk/arrangements/lpa.htm

 

A Will obviously directs what should happen to a person's estate upon death, if there is no Will then the estate would pass under the intestacy rules. Under the intestacy rules you and your sister would be entitled to your mother's estate after the payment of funeral expenses/debts. If this is not what your mother wants then she should speak to a local wills and probate solicitor about making a very simply Will. It should cost around £150.00+VAT.

 

You can find solicitors here:-

 

http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law

 

You would probably not need to apply for probate given the relatively small size of the estate and instead you should be able to ask the bank to release the money to you after completing their standard "small estates" form.

 

 

If this has been useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.

Kind regards,


Tom

Customer: replied 3 years ago.
thanks for this. However it doesn't actually answer the question fully. if she doesn't make a will, and i do the registration, informing banks etc etc then will I be entitled/allowed to withdraw what money there is and do with it as I see fit? II did all this when our father died and gave sister half the money (which again wasn't much). i do not now have contact details for my sister so what claim would she have on any money? It's really my mother who's insisting sister shouldn't get anything rather than me.
Expert:  Thomas replied 3 years ago.

Hi,

 

Yes, if your mother does not make a Will and you receive the money from the bank then your sister would have a claim against you for her share. She could sue you for it and would be successful.

 

Your mother needs to make a Will to avoid this and give effect to her proper wishes.

 

Hope this clarifies, if so please click accept.


Kind regards,


Tom

Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6436
Experience: BA (Hons), PgDip, Practising Solicitor
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