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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34589
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I HAVE POWER OF ATTORNEY OVER HEALTH WELFARE AND FIANCIAL.BUT

Customer Question

I HAVE POWER OF ATTORNEY OVER HEALTH WELFARE AND FIANCIAL.BUT MY UNCLE WAS UNABLE TO MAKE A WILL..WHAT POWER DO I HAVE TO MAKE SURE OTHER FAMILY MEMBERS DONT HAVE A RIGHT TO CLAIM ANY MONEY HE HAS LEFT AND PROPERTY.PLEASE HELP.I WAS HIS MAIN CARER FOR YEARS.
Submitted: 4 years ago.
Category: Family Law
Expert:  Clare replied 4 years ago.
Hi
Thank you for your question I shall do my best to assist you.
sadly I have bad news for you - if your Uncle no longer has mental capacity to make a Will then there is nothing that can be done and in due course the Intestacy Rules will apply and all of his relatives will inherit in the usual way
The only slight possibility is that a Statutory Will could be made - details here
http://www.charlesrussell.co.uk/UserFiles/file/pdf/Private%20Client/Statutory_Wills.pdf
but in order for this to happen you would need to show that your Uncle had in the past expressed clear views about what he wanted - and explain why he had nor previously made a Will
I hope that this is of assistance
Claire