Power of eternity

[Sarawicks]

My brother is power of eternity for my mother my sister is next power of eternity if anything happens to him before mother's death or any illness, my mother, disregards me all my life, my dad left a successful bussiness to my brother, and the other bussiness is to be left to me and sister, since my dad's died, mother now wants me brother and sister to spilt 3 equal wats of there wealth left, my dad said before is death that brother already as his bussiness that's worth 1 million, and his only fair me and sister get half of there wealth, mother as changed this , I caught brother and mother throwing paperwork away , and mother now says dad didn't have a will, what can I do, I feel agreed, to add brother as put 10% of said land that should of been for me and sister in brothers wife's name , I feel agrieved

perhaps the spelling, grammar and flat out mistaken words are a clue as to why mum thinks the business might be safer with the brother?

It's power of attorney, not power of eternity. But I don't see why it's relevant that your brother has power of attorney, when it seems your mum currently has capacity to make her own decisions? POA only applies if she can't make decisions for herself.

Power of Attorney! Not eternity!

Not sure I really follow what's going on here, except that you are unhappy with your mother's behaviour.

Maybe English is not OP's first language?
Sorry OP, its not clear what you are asking

Are you saying your dad died without a wil and his business is now your brothers. But another business was left to you and your sister. Your brother is POA for your mum and he and your mum have been throwing legal paperwork away, if so do you suspect something bad. Sorry but you must be more clued up if you are a business owner focus on your own assets and life not what your mum is doing or who she wants to leave money possessions to.

Feel better now?
What a horrible reply, designed to make a complete stranger feel shit. Well done you.

That only applies to a health and welfare PoA. A property and financial affairs PoA can be used whilst OP's mother still has capacity provided she consents.

Reading both OP's threads, it appears she thinks her father may have left a will which is being disregarded (and has possibly been destroyed) by her mother and brother.

I agree with others that OP needs to see a solicitor and get proper legal advice.

Maybe OP is dyslexic? I hope you feel a bit bigger by slagging off their spelling.

Op legally written wills are held professionally on some sort of searchable register of wills

There isn’t a register of wills. You may be thinking of Probate records which are public but usually not for some time after the death

I love the idea of a power of eternity..........
Seriously OP, you sound clueless, get proper legal advice.

If your father died without a will, ‘intestate’, then as he had businesses his estate would clearly need to go through probate by way of appointment of an administrator. It sounds complicated, so I would expect a solicitor to have been appointed. If probate records don’t show evidence of this happening, then you could apply for letters of administration yourself. There are rules of intestacy (dying without a will) that have to be followed.
https://www.gov.uk/government/publications/apply-for-probate-by-post-if-there-is-not-a-will
https://www.gov.uk/inherits-someone-dies-without-will

I thought there was? Google says this

If your father had an official will, he should have lodged a copy with his solicitor, as well as leaving one in the house. You need to try to work out who that solicitor is. It is possible to contest a will, at a probate court if you think it has been incorrectly applied. Do work out the difference between Power of Attorney and inheritance though, as using them incorrectly makes your posts confusing. Power of Attorney is about taking over the affaIrs of someone who is alive but cognatively incapacitated, inheritance is about what happens to their belongings and money once they die.

This is an optional / voluntary thing, not everyone uses a solicitor to draft a Will, not all solicitors will register a Will. The only definitive way to check whether there was a Will is the probate records

Even then, not all wills need to go through probate: if all or nearly all the assets are jointly owned with a spouse, then there is no need to apply for probate. I know of at least two estates in my family where you won't find the will registered with the probate office, for perfectly legitimate reasons.

But it is also true that unfortunately the whole wills, probate and inheritance system in the UK has very little oversight and it is very easy for people to hide wills and assets, not follow their terms and so on.

In the OP's case, it sounds like the biggest (or one of the biggest) assets was transferred before her father's death to her brother, so that would not be involved in probate, and if the other assets were jointly owned with her mother, again, that would not need a grant of probate for them to be transferred to her sole name.

I think the tax office might be quite interested if the business was sold to her brother at far less than its real value shortly before her father's death, as that could be seen as an attempt to avoid paying inheritance tax.

This is not something that can be cleared up through a mumsnet thread. The OP needs to find a solicitor, but disputing wills and inheritances can be a very expensive business.

Edited to add: I am basing some of my reply on details from the OP's other thread with the same title, which is equally hard to understand but does give a few more clues to what is going on. https://www.mumsnet.com/talk/legal_matters/5433427-power-of-eternity

The posts read to like they were written using speech to text software. Which is fine but can produce odd results. Perfectly understandable though.

I wondered that, but speech to text wouldn't get the spellings wrong for business, tantrum, aggrieved etc, would it?

Surely you would use a solicitor for a million pound business though?