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Elderly parents

Query re wills and dementia

5 replies

MrsJRHartley · 11/12/2024 12:58

Dad died recently. Our parents made wills (parallel wills are rhey called)? Lodged them with a solicitor and left copies which are now in the possession of my sister. Subsequently both parents got Alzheimers and moved into care. Sister and I have/had finance and health POA for both of them. Mum is down as dad's executor, but not able to do this. The solicitor who we believe holds the original wills has requested a copy of the death certificate before confirming they hold dad's will. Will the POA for mum allow us to act on her behalf as executor for dad? When sister asked if we would be able to get hold of mum's will, they said we'd need permission from a court. Does anyone have any experience or knowledge of this situation?

OP posts:
CMOTDibbler · 11/12/2024 13:04

As POA gives you the ability to act as that person in their legal and financial affair, you can act as executor for your dads estate acting as your mum. Some details here https://www.wilsonbrowne.co.uk/news/who-can-act-in-place-of-an-incapable-executor/

Who can act in place of an incapable executor?

Find out Who can act in place of an incapable executor? from Wilson Browne Solicitors

https://www.wilsonbrowne.co.uk/news/who-can-act-in-place-of-an-incapable-executor

MissMoneyFairy · 11/12/2024 13:19

Our solicitor needed a death certificate before the would ven confirm they held the will. Once we provided that they retrieved it. Why do you need mums will at the moment. Do the solicitors know you have poa for mum, if she doesn't have capacity to request the will herself do you have a capacity assessment for her.

MissMoneyFairy · 11/12/2024 13:21

Your sister has a copy of mum's will, does it say who the executors are

MereDintofPandiculation · 11/12/2024 14:52

(parallel wills are rhey called? Mirror wills?

i was recently involved in a will where all named executors had resigned. I was told that in this case any beneficiary could act. No court case required. So surprised that solicitor is saying attorney would need to go to court.

MrsJRHartley · 11/12/2024 16:18

MissMoneyFairy · 11/12/2024 13:21

Your sister has a copy of mum's will, does it say who the executors are

Mum is executor unless she predeceases dad, in which case it is sister and I.

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