probate probs

Yes, likewise. We first made wills when our DS was born and have updated them regularly ever since. We made our PsoA nearly 20 years ago.

Suppose that should have been PsoA....

We have both got PoAs in place - did it when we updated our wills. Feels safe!

rubylady Age UK have a wide range of Fact sheets including ones dealing with POAs and wills and all sorts of other subjects. They can all be found at www.ageuk.org.uk/publications/age-uk-information-guides-and-factsheets/

POA is very straightforward to do online now. I have completed and registered them for DH and myself. They are thoroughly checked and validated by the Office of the Public Guardian before being registered, so no chance of underhand doings there.
We did have our wills done professionally though, as mirror wills, they were not expensive. Some charities offer a free will writing service, or there is a free will writing offer every year by solicitors. Good thing to have that done quickly though in the circumstances.

Power of Attorney means that in the event of your father being not of sound mind and unable to deal with his affairs, then you would look after his affairs on his behalf

As an Executor of his Will you would be responsible for making sure that his wishes are adhered to. Collating proceeds of all pensions, bank accounts, investments and other assets, getting valuations done where necessary, and arriving at a total value of his estate. Then allocation of his estate as per his wishes in his Will.

People often/usually employ a Solicitor to do sort these things. i.e. Making you Power of Attorney.

Best to get the Power of Attorney and Will naming you as Executor done asap while your dad still has full faculties. So that noone can question the validity of the Will on the grounds of your dad being incapable of having made the decisions.

I'm new to all of this but as my dad's dementia progresses, he has said for me to be his power of attorney and executor of his will. What does this all mean?

A house cannot be sold or transferred to other ownership after the death of the owner, without a grant of probate. So, if the house is being sold, sooner or later this will have to be applied for.

If the house changed hands during the lifetime of your parents-in-law then nothing can be done as they would have made the decision on their life time. Wills are for what happens after death on the assets that remain on death. Before death you can do what you like with your assets regardless of what the will says.

It is also worth remembering that people make all kinds of promises and statements in their life times about who they are going to leave money and assets to and then leave wills that dispose of their assets in a completely different way. Much of the agro that surrounds wills is caused by people saying they will leave money to this that and the other person so that the potential legatees are convinced this money is coming their way, only to find when the will is read that their name does not appear.

You can apply for a copy of the title register for any property in the UK from the Land Registry. I think it costs £3 per copy.

7 Months is not a long time in winding up an estate, it took me more than 9 months to do my mother's. My sister was executor for our cousin, who died last June, and the will is just being finalised now. I am not sure Land registry will give out information, out of interest will ask DIL who works there.

A solicitor might write a letter to the relatives. Solicitors letters have no legal status but sometime people do respond.

will try land registry, I had not thought of it and I think we will try a solicitor, bit scared about the fees but I will try for one of the 'free' half hour sessions.

Good thinking absent re the land registry

The executor(s) can handle the entire processing of the will without consulting a solicitor if they so wish regardless of the size of the estate. That is what they are appointed to do, but if they feel unable to handle the legalities, they can ask a solicitor to act on their behalf but he/she will not have the authority of an executor.

Is it not possible to confirm the ownership of the house – any house – with the Land Registry for a small fee?

House could have been put into the names of other family members and did not make up a part of the estate.
If the assets did not amount to much the Executor could process the Will him/herself.

I (or your dd if she is over 18) would take advice from a solicitor ? free initial interview or free first 15 minutes if possible.

Whose name have you been searching for? Your late husband's ? His father's? Bit confusing. If they gave the house away several years ago and the estate of the last to die was small, there would be no probate required. Maybe you need a solicitor?