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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: UK Law
Satisfied Customers: 33281
Experience:  family solictor with 25 years experience
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My brother has lasting POA fathers financial and health

Customer Question

My brother has lasting POA for my fathers financial and health and we'll being. My other brother as requested and received a copy of my father will and now insisting that POA can not sell dad's home even though he needs money for his care home fees, as my brothers son I will inherit the house. What can my brother now do without putting his POA Iinto question
Submitted: 1 year ago.
Category: UK Law
Expert:  Aston Lawyer replied 1 year ago.
Hello and thanks for using JustAnswer.
My name is ***** ***** am happy to assist you with your enquiry.
A Will only comes into operation on that person's death, and relates only to assets that that person owned at the date of death. Therefore, if your Father does not own any property at the date of his death, then any legacy he may have made in his Will, leaving the property to your other brother fails. Likewise, your other brother is not permitted to "claim" the house or stop its sale during your Father's lifetime.
You brother is therefore perfectly entitled to sell your Father's home under the POA, and your other brother is not legally entitled to stop any Sale- as he has no right, at this stage, to the property.
On the side point concerning the disclosure of your Father's Will, it appears that his Solicitor has been negligent in forwarding a copy to your other brother, and hence the reason why they have suggested that you take independent legal advice, if indeed you wished to pursue a complaint.
I hope this assists and sets out the legal position.
Kind Regards
Al
Customer: replied 1 year ago.
Thank for your reply. My brother as has a meeting with dad's solicitor this am. They have told him that he can not sell the house to any family member and that the house is ring fenced. If he does sell the house to family he will have to get a court of protection and any money's left after my father dies will then go to my other brothers son. Can this be right? Also the house is only leasehold with 23years left. The solicitor has been sent a letter from the head lease containing a number of points. 1) they have not payed any rent for the last 5 years. Although this is only £10 a year
2) they have altered the external appearance of the property with out their consent
3) reduced the 3 bedroom to 2 bedroom property by installing a upstairs bathroom
4) applied for a 2 storey side extension by my brother on behalf of my father with out Poa knowledge.
This letter also states that at this time they do not seek forfeiture of the lease but as a goodwill gesture are prepared to purchase the under lease at a reasonable price. Is this some think the POA can do
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question.
My name is ***** ***** I will do my best to help you
I will do my best to help you but I need some further information first.
What other assets are available to meet your father's financial outgoings?
Who has done the work referred to?
Clare
Customer: replied 1 year ago.
He has some land that is adjacent to the house which is green belt. And around £4,000 in the bank
Customer: replied 1 year ago.
My mother had the work done prior to her death, and my brother has applied for planning permission and altered the appearance of the property by bricking a window up. The bathroom was done by all family members for the health of both mum and dad
Expert:  Clare replied 1 year ago.
HI
How much is the adjacent land worth?
Clare
Customer: replied 1 year ago.
Around £12,000 we are unsure as there is a pit shaft and old mining works running under the land, but my brother will not consider selling as he wants a 3rd as stated in the will
Expert:  Clare replied 1 year ago.
Hi
How much is the property itself worth?
Did the solicitor explain how the property was "ring fenced"
Clare
Customer: replied 1 year ago.
We can not get a price for the property because it has only a under lease with only 23 years left, a head lease and someone else owns the land it sits on. We have been told we would be better putting it to auction. We think it has been ring fenced due to the will but are unclear
Expert:  Clare replied 1 year ago.
Hi
Who owned the property prior to your father?
Clare
Customer: replied 1 year ago.
Housing association and British coal board prior to them

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