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Original poster

Simplest way for mum to sort affairs

6 replies

Auntieobem · 07/09/2023 15:38

My DM has a palliative diagnosis and wants to get things sorted.... She has an old will, doesn't know where it is, solicitor since closed. Will at the time left everything to me - DM didnt like DBs partner....so now - Basically my dB is in the middle of a divorce, mum doesn't want to leave him £ if it means his wife would get half (they were married for a very short time, I think it very unlikely she'd look for half his assets as she has a house etc and he's happy to have a clean break - he has no assets.). She wants ti leave everything to me and then me to give him the £ when divorce finalised.

I'm already joint signatory on all her bank accounts. She has no property and probably less than £50k savings/cash.

I've told her - first speak to DB, I don't want him to find this all out only after she's gone!

Speak to a solicitor and get advice.
If I'm joint signatory couldn't I just access funds anyway?

OP posts:
Sisterpita · 08/09/2023 19:19

Your POA ends when sadly your Mum dies. It is unlawful if you continue to sign as POA.

I would be getting your Mum a new will asap. Solicitors will come out and visit but much can be done on-line.

Loverofoxbowlakes · 08/09/2023 19:34

If you are a joint account holder (rather than just a signatory) then the funds in the account become yours after she passes - the bank will remove her as an a/c holder and it reverts to your name only (this is different to a POA so please double check how the account is held).

If she has no other assets that's pretty much it really. She can write up a new will really simply, mine took a couple of weeks and 2 solicitor appointments, should be straightforward if her affairs are simple.

And deffo have a chat with db. Inheritances can be considered in divorces, even amicable ones....

Im sorry you find yourself in this position op.

Original poster
Auntieobem · 12/09/2023 07:05

Sisterpita · 08/09/2023 19:19

Your POA ends when sadly your Mum dies. It is unlawful if you continue to sign as POA.

I would be getting your Mum a new will asap. Solicitors will come out and visit but much can be done on-line.

I'm aware of that thanks - this isn't related to POA

OP posts:
Original poster
Auntieobem · 12/09/2023 07:06

Loverofoxbowlakes · 08/09/2023 19:34

If you are a joint account holder (rather than just a signatory) then the funds in the account become yours after she passes - the bank will remove her as an a/c holder and it reverts to your name only (this is different to a POA so please double check how the account is held).

If she has no other assets that's pretty much it really. She can write up a new will really simply, mine took a couple of weeks and 2 solicitor appointments, should be straightforward if her affairs are simple.

And deffo have a chat with db. Inheritances can be considered in divorces, even amicable ones....

Im sorry you find yourself in this position op.

That's helpful thanks, will double check how account is held

OP posts:
squix · 14/09/2023 23:12

Sorry to hear about your mum. Where does she live? If in Scotland there are legal rights that children have so it’s not as straightforward as what’s in the will.

notapizzaeater · 14/09/2023 23:40

If you are claiming any benefits and give your DB half it could be seen as a deprivation of assets.

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