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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10099
Experience:  30 years as a practising solicitor.
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I separated from my husband at the end of 2007. No legal separation

Customer Question

I separated from my husband at the end of 2007. No legal separation has been sought. He lives in Scotland and I now live in England. My husband is gravely ill in hospital and will not be recovering.
I have a Scottish Power of Attorney over him, taken out in 2009, at his request. This has not been revoked. The addresses on it are no longer correct. Is it still valid?
As his wife I am his closest next of kin? Do I have the legal right to access his finances ie. his pension upon his demise?
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

The power of attorney is still valid even if the addresses are no longer current. See my comments below, however.

The is no such thing as next of kin in Scotland, although hospitals tend to refer to a next of kin. However you are your husbands' closest relative and still have full succession rights to his estate.

Remember that the power of attorney ceases to have effect on death and you cannot use it on your husband's death.

His estate will be wound up by his executor under his will. If ther is no will you can apply to the sheriff court to have yourself appointed as executor.

I hope this helps. Please leave a positive response so that I am credited for my time.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10099
Experience: 30 years as a practising solicitor.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 3 years ago.

My husband has a female friend dealing with all his affairs. She has been instructed not to tell me of his current situation and only to inform me once he has been cremated. Without power of attorney surely she cannot access his finances on his behalf? Can she apply to be executor? A will, in my favour, was made by my husband some years ago and I doubt he has made a new one.

Expert:  JGM replied 3 years ago.
She is allowed to carry out his direct instructions but, like you, I doubt that she can access his finances without some kind of written authority.

She can't apply to be his executor unless she is appointed executor in a will. The closest relative is entitled to be appointed executor dative.

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