"If my aunt has not made a will which I believe she has not and is now incapable of doiñg so or appointing a LPA or guardian, what happens then would it all become intestate ?"
When your aunt dies not having made a will any assets she has at that time will be distributed by the laws of intestacy.
Powers of attorney lapse on the death of the donor.
I would do as others have said and concentrate on getting the 2003 will proved at the probate office and tell anybody asking your aunt to sign a deed of variation that unfortunately she lacks capacity and therefore cannot agree to and sign the document. What action they then take is up to them.
(I hope this thread has gone some way to convincing everybody that LPAs are as important as wills)
When your aunt dies not having made a will any assets she has at that time will be distributed by the laws of intestacy.
Powers of attorney lapse on the death of the donor.
I would do as others have said and concentrate on getting the 2003 will proved at the probate office and tell anybody asking your aunt to sign a deed of variation that unfortunately she lacks capacity and therefore cannot agree to and sign the document. What action they then take is up to them.
(I hope this thread has gone some way to convincing everybody that LPAs are as important as wills)