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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11135
Experience:  30 years as a practising solicitor.
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I am married to Lyn Rigby, Nee Reilly. We live in Scotland

Resolved Question:

I am married to Lyn Rigby, Nee Reilly. We live in Scotland and therefore do not see much of her sister Pauline Hobson Nee Reilly. She sadly passed away yesterday. Her former Husband Barry Hobson, they divorced several years ago and her continued to live together and purchased a house equally as tenants equally(dont know legal term) They lived separate lives under the same roof. He has since, she was admitted to a care home convinced people that he had power of attorney and that he was next of kin. He excluded Lyn and occaisionally updated her. He signed a non ressuscitation form. He has now contacted Lyn to say that he has suddenly found a will that in effect gives him rights to the house. I am concerned, that given the number of lies he appears to have told, and the fact that he now claims that she did write a will and gave power of attorney to a solicitor who he says is no longer practicing, that he is behaving in a very suspect way. I would like to know whether or not I am able to persue,on Lyns behalf, any course of action to verify the truth of the various stories told by Barrie. I have today written to the Office of the Public Guardian to find out about POA.
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.

When did they divorce? Did they buy their house after the divorce? Power of attorney isn't relevant. The title to the house is. Can you give me the title to the house so that we can check what it says?

Customer: replied 1 year ago.
I should have stated they live/lived in Manchester so no Scottish Law required. They bought this house after their divorce. We currently have no access to any paperwork, our concern being the 'solicitor' who is supposed to have POA and a will and anything flowing from that. How do we find out if these papers exist. Her ex husband has lied to Social Service/Hospital/Care Home prior to Paulines death and now appears to have suddenly discovered a will. Is ther any way of checking if a will exists with this un named solicitor?
Customer: replied 1 year ago.
The POA is relevant to my wife, Paulines only surviving relative, as he is using it to make all decisions regarding funeral etc.
Expert:  JGM replied 1 year ago.

The power of attorney ends on death. The executor takes all decisions relating to the funeral. If there is no executor next of kin does so. If he is no longer married to her he isn't next of kin. Further if the so called will was made before they divorced it would be implied that the will had been revoked.

Customer: replied 1 year ago.
The 'will' that he claims to have found, was written after divorce to take into account living conditions. Is there any way we can find out if a will is being held by a solicitor since that would resolve the issue one way or another?
Expert:  JGM replied 1 year ago.

There is no central register of wills but there are private companies who would search for you. See nationalwillregister.co.uk for example.

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