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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34106
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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My mother has made me sole executor of her will and given me

Customer Question

My mother has made me sole executor of her will and given me power of attorney. In her will she is leaving most of her assets (c £600k) equally to my brother and me with small bequests to my children ( £5000 each). My brother, who has no children of his own, is very angry that she plans to leave any money at all to my children.
My mother recently has a fall at my brother's house and he did not contact me to tell me know about the accident. This was not a serious incident, but she is 83 and I feel I should have been informed. He and his wife were both extremely hostile towards me and would not speak to me on the phone to discuss her accident.
On the same visit he asked her if she would name him next of kin (he know I am the executor and have PoA). She neither agreed or disagreed.
We are both concerned about my brother's attitude. My mum loves him of course, but does not want to change her will to please him and now is concerned about falling under his control should she become ill. I would to know what the implication of being named 'next of kin' are in terms of her care, should she become ill and what it might affect in terms of her will.
Thanks for your help.
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Does the Power relate to Financial issue sonly or also to Health and Welfare issues?
Clare
Customer: replied 2 years ago.
To financial issue only I think...
Expert:  Clare replied 2 years ago.
Hi
In fact next of Kin means nothing more than the closest blood relatives and gives no extra rights of control.
However if your mother does have concerns then she can appoint you (pr indeed both of you) as her Attorney for Health and Welfare issues
I hope that this is of assistance - please ask if you need further details
Clare
Clare and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.
Hi Claire

I've since found out that my brother has Power of Attorney along with me. If he also gets named next of kin, would that give him more control than me?

Thanks
Expert:  Clare replied 2 years ago.
Hi
In his mind possibly - legally no
Clare