Q. My sister put £2,000 of my mother's money - the money she put aside for her funeral - into an account in her own name because my mother has Alzheimer's. But my sister has died suddenly, and her husband has changed the account into his own name. He knows it's not his money but he won't release the cash.
A. Hopefully a formal solicitor's letter will make your brother-in-law see sense. Failing that, your mother could sue him for the return of her money, assuming there is evidence that the money belonged to her and wasn't, for example, a genuine gift. If she lacks the mental capacity to give instructions then the Official Solicitor's office (which exists to help with this type of situation) would be able to take legal action on her behalf. You should discuss with the solicitor the possibility of your mother drawing up a Lasting Power of Attorney so she can appoint someone trustworthy to look after her financial affairs.
Q. When my wife and I bought our house more than 30 years ago, only my name was put on the deeds. If I was to die first, would my wife have to have her name entered on the deeds? I have left the house to her in my will, and when she dies it will go to our only son. I have been told that to have her name put on the deeds would cost us £2,000.
A. It is not essential for you to transfer your home into joint names but there are several reasons why it may be a good idea. To mention just one, if your wife survives you to inherit a house in your sole name, your ex-ecutors will have to obtain probate of your will (which might not otherwise be needed) and then transfer the house to her. It will almost certainly be simpler and cheaper to put the house into joint names now so that the survivor inherits automatically. The cost should be between £250 and £500, depending on whether or not your title is already registered at the Land Registry.
Q. I have a bachelor uncle in his late 70s. I keep in touch but I cannot discuss personal issues such as, for example, whether he has made a will. As far as I know I am the only remaining member of his family and wonder how I will go about dealing with his property and affairs when something happens to him.
A. When your uncle dies you will have to search his house to see if you can locate a will. If there is a will and you are the executor it will be your responsibility to arrange the funeral. If there is no will then, as next of kin, it will be your job to arrange his funeral in any case, and it will be necessary for you, possibly with the help of a solicitor, to obtain authorisation from the Probate Registry to wind up your uncle's estate.
Trina Wilkins is solicitor for DPA Law specialising in Wills, Trusts & Contentious Probate.
If you require any legal advice in relation to a Power of Attorney or any contentious Probate matter, please contact Trina via email trina.w@daviesparsonssolicitors.co.uk or by telephone on 01554 749144
Posted by Peter Nicholas on Wednesday, January 11, 2012 at 10:53 AM