Death of a partner complications!

[stu007]

Hi

 

Sorry for your situation in dealing with this which will be stressful for all concerned.

 

1. You say your Brother in Law who is in a Care Home has Capacity (unless he has been officially diagnosed as not having capacity by they
Hospital with a Medical Diagnosis) then he will be classed as having Capacity.

 

2. I agree that there Solicitor will not discuss anything to do with the Property etc due to Data Protection as it has to be the Brother in Law.
Now the but (note 1. above) it does not stop you doing a letter for your Brother in Law to sign giving you Full Authority to Act on His Behalf.

 

3. Now to see if the Brother in Laws Partner has a Power of Attorney or a Deputy registered with the Office of the Public Guardian you will need
to fill in the forms from this link: (note 2. above as you will need to send that letter with these forms). Also this way you will see if a Power of Attorney is in place or not.

 

/assets/static/govuk-opengraph-image-dade2dad5775023b0568381c4c074b86318194edb36d3d68df721eea7deeac4b.png

Find out if someone has a registered attorney or deputy - GOV.UK

WWW.GOV.UK

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Download and fill in this form to find out if someone has an attorney or deputy acting for them.

 

4. As for the Property itself you will need to if available check the Deeds for the Property to see who is actually named on the Deeds if you can't find them then check the Land Registry (note there is a fee for this and you may also need the letter from 2. above) see this link:

 

/assets/static/govuk-opengraph-image-dade2dad5775023b0568381c4c074b86318194edb36d3d68df721eea7deeac4b.png

HM Land Registry - GOV.UK

WWW.GOV.UK

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We register the ownership of land and property in England and Wales. HM Land Registry is a non-ministerial department.

 

 

5. Did the Brother in Laws Partner has a Will in place and Registered? if unsure you can check but again there is a fee involved and it is not cheap depending on the type of search you want so be aware of that (note you will need to send letter from 2. above) this is the link:

 

Search for a Will | National Will Register

WWW.NATIONALWILLREGISTER.CO.UK

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Search for a Will with The National Will Register & Certainty Will Search service. Certainty Will search finds lost, unknown & later Wills.

 

 

I also note from your post#6 that you mention that Probate was Granted on 5th January 2023, the will only states certain sums of money

 

So who exactly is named on the Probate from the Public Guardian office to Act as Executor and does that Probate specifically state financial and Medical because if it only state Medical then they can't deal with the Financial matters nor the Will it must clearly give the Financial Powers.

 

The reason I say the above I have Probate for my own Dad who is in a Care Home and is on End of Life and I have both Financial and Medical Powers and my Dads Will.

 

You need to get your hands of a copy of the Probate to make exactly sure they have either both Financial and Medical Power and not just either Financial only or Medical Only as this is Critical as to what they can do when holding Probate it's not as simple as them saying we have Probate it's the Powers they have within that Probate.

 

With the Will you need to be 100% certain it has been signed and witnessed properly? (is the Will Registered?) if the Will hasn't been Signed and Witnessed Properly it will cause issues.

 

You look after yourself and remember your health is important too.