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Landlord (boyfriend) Power of attorney

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Re: Landlord (boyfriend) Power of attorney

Postby atticus » Wed Feb 21, 2018 5:49 pm

One of the 5 is doing something; the others appear to be wallowing in self pity.
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Re: Landlord (boyfriend) Power of attorney

Postby BATS » Wed Feb 21, 2018 8:34 pm

all the time your brother is in occupation .no one would presumably purchase property with a tenant who could claim possession rights. and there appears to be some confusion as to poa as your mother may still be able to write or even make some action as to what she wants. this could be done on camera. the problem is can you prove your mum does not want to sell property .it would appear your not happy with your mothers decision as this is detrimental to you and brother and steve could end up with all what may have been available to you. my mother was bed bound by ms so I understand your problem. and he is legally bound to do best for your mother although life teaches .its a dog eat dog world or as madam Blavatsky put it the god of this earth is satan. not my personal views just an observation. love & peace and faith in good is a good start point. if that fails don't give up.
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Re: Landlord (boyfriend) Power of attorney

Postby steven » Thu Feb 22, 2018 2:10 am

The property has already been sold, my mother passed away she cannot do anything now, she is in the hospital following a post mortem. The issue is now to lay my mum to rest. No one has POA for a deceased person.
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Re: Landlord (boyfriend) Power of attorney

Postby steven » Thu Feb 22, 2018 2:12 am

What I really want to know is can three of us decide on a solicitor as executor or do all 5 have to agree?

How can we access the funds that my mother left for her funeral costs as there is at present no executor?
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Re: Landlord (boyfriend) Power of attorney

Postby atticus » Thu Feb 22, 2018 7:39 am

You all need to agree, otherwise the process will be stalled.

My advice to all 5 collectively: remember you are family. Unless you want to blow everything your mother left on lawyers.
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Re: Landlord (boyfriend) Power of attorney

Postby atticus » Thu Feb 22, 2018 9:29 am

tcdt posted a link to the Non Contentious Probate Rules. Here is Rule 2:

Order of priority for grant in case of intestacy
22.—(1) Where the deceased died on or after 1 January 1926, wholly intestate, the person or persons having a beneficial interest in the estate shall be entitled to a grant of administration in the following classes in order of priority, namely—

(a)the surviving husband or wife;
(b)the children of the deceased and the issue of any deceased child who died before the deceased;
(c)the father and mother of the deceased;
(d)brothers and sisters of the whole blood and the issue of any deceased brother or sister of the whole blood who died before the deceased;
(e)brothers and sisters of the half blood and the issue of any deceased brother or sister of the half blood who died before the deceased;
(f)grandparents;
(g)uncles and aunts of the whole blood and the issue of any deceased uncle or aunt of the whole blood who died before the deceased;
(h)uncles and aunts of the half blood and the issue of any deceased uncle or aunt of the half blood who died before the deceased.
(2) In default of any person having a beneficial interest in the estate, the Treasury Solicitor shall be entitled to a grant if he claims bona vacantia on behalf of the Crown.

(3) If all persons entitled to a grant under the foregoing provisions of this rule have been cleared off, a grant may be made to a creditor of the deceased or to any person who, notwithstanding that he has no immediate beneficial interest in the estate, may have a beneficial interest in the event of an accretion thereto.

(4) Subject to paragraph (5) of rule 27, the personal representative of a person in any of the classes mentioned in paragraph (1) of this rule or the personal representative of a creditor of the deceased shall have the same right to a grant as the person whom he represents provided that the persons mentioned in sub-paragraphs (b) to (h) of paragraph (1) above shall be preferred to the personal representative of a spouse who has died without taking a beneficial interest in the whole estate of the deceased as ascertained at the time of the application for the grant.
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Re: Landlord (boyfriend) Power of attorney

Postby theycantdothat » Thu Feb 22, 2018 10:47 am

steven wrote:What I really want to know is can three of us decide on a solicitor as executor or do all 5 have to agree?


The essential requirement for an executor is that he has to be appointed by the will. In the absence of an appointment or if the person appointed is unable or unwilling to act, only someone who has a benefit under the will can apply to administer the estate. In your case that means any one or more of you and your brothers and sisters subject to a maximum of four. It comes down to who gets in first. So, three of you can go to a solicitor with the will (or authority to obtain it from whoever has it) and instruct him to apply for letters of administration with the will annexed. What is also needed (unless already sent to the Probate Registry) is the renunciation by the person appointed.

steven wrote:How can we access the funds that my mother left for her funeral costs as there is at present no executor?


You can't. Don't worry too much as undertakers are used to waiting for their money. Bear in mind though that as far as undertakers are concerned it is the person who arranges the funeral who is liable to pay for it.
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Re: Landlord (boyfriend) Power of attorney

Postby steven » Thu Feb 22, 2018 11:17 pm

I agree we are all siblings I wish all my siblings felt the same.

One of my siblings has now taken out a caveat I am not sure what that is exactly but it is to stop probate.
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Re: Landlord (boyfriend) Power of attorney

Postby steven » Thu Feb 22, 2018 11:18 pm

Thank you theycantdothat helps a lot

But now we have a caveat what happens with that?
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Re: Landlord (boyfriend) Power of attorney

Postby atticus » Fri Feb 23, 2018 7:23 am

You and any siblings aligned with you should see a specialist solicitor. Heads need to be knocked together. This is heading for expensive litigation unless you can all find a way of resolving your differences.
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