Dad without Will!

[JaneShep66]

Hello there

I am new here but look forward to being part of the community going forward.

My father has been living with dementia for about 3 years now. He is 87. I have power of attorney and deal with most of his paperwork, finance, shares etc. My brother went to live with Dad about 5 years ago after splitting with his partner and about a year ago decided to give up his job to be able to stay at home with dad which is brilliant.

Although we managed to get the POA sorted, Dad never made a will. He said he wanted to but when i suggested a solicitor who had been recommended by a friend he never wanted to go through with it.

I am greatly concerned about the complications of having no will and the stress that this will cause when he passes. Is it possible, as I have POA, to make some kind of will that would cover what the courts would decide anyway just to take any complications away?

Any advice greatly received.

Jane

 

[Louise7]

Hello @JaneShep66 welcome to the forum. As POA you will not be able to make a will on behalf of your father but in all cases when someone dies without leaving a will the rules of intestacy will be followed - details in the link below. It's not clear what exactly you are greatly concerned about so a bit more detail may help - are you expecting there to be a court challenge to the rules of intestacy?

. https://www.citizensadvice.org.uk/family/death-and-wills/who-can-inherit-if-there-is-no-will-the-rules-of-intestacy/#:~:text=When a person dies without,is called an intestate person.

 

[jugglingmum]

It does depend what country you are in but in England and Wales if there is no will the assets pass according to the laws of intestacy.

Intestacy - who inherits if someone dies without a will?

Find out who is entitled to a share of someone’s property, possessions and money if they die without making a will

www.gov.uk

It does make applying for probate a little easier but not a lot.

My mum hasn't made a will and when I gently suggested it in the early stages (when we got POA) she said she didn't see the point as she'd leave everything to myself and my brother anyway which is the same as the above rules.

 

[nitram]

As has been said in England and Wales the laws of intestacy will apply.

It is possible to make a statuary will on behalf of a person lacking capacity.
The process is expensive and requires Court of Approval permission.
The Court will need evidence along the lines of 'Joe always said he wanted Fred to have his Picasso collection when he passed away'
https://www.gov.uk/apply-statutory-will/how-to-apply .