Will query

[WhipnutWall]

My father made a will naming a family friend and a solicitor as the executors. He changed it a few years ago and I was an executor on the previous will but not on this one. I have no idea why he did this, there has been no issue between us and I wonder if the solicitor suggested it and he went along with it not really understanding the ramifications.

Anyway he is now in a care home without capacity. The will says he gives all his property to the executors/trustees to sell/dispose of and the residue goes to the beneficiaries.

Does this mean when the inevitable happens, I won’t have any say over the possessions in his house? There’s a lot of personal/sentimental stuff in there that the executors could choose to sell/dispose of that I would want (eg jewellery, photos, Ornaments etc)
When he goes do I have to hand the house keys over to the executors?

Am I better off clearing this house out now (I have PoA) and getting the personal stuff I want? The thought of someone other than me dismantling the house without a thought for the lives lived in it absolutely tears me up.

Just to add I’m the only beneficiary of the will.

If you are the only beneficiary, the executors will let you have whatever you want and sell the rest, unless they are awful! If the move to a care home is permanent and the house may need to be sold you can sort it out as the attorney, just keep in mind your actions are always supposed to be in your dads best interests.

'Dispose of' included letting you have it.

Ok I see. Thank you for your help. I think I’d rather sort it out myself. There’s a lot of memories there and I’m not sure I’d have the mental head space to let someone else do it.

You have no power to take things from your father for yourself under a POA. You could get in a lot of trouble. It would be stealing and, if anyone complains, you could be stripped of your POA, forced to repay your father and possibly even reported to the police. Speak to the OPG or a solicitor before you do anything so you understand the limits of what you can do.