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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
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Experience:  English solicitor with over 12 years experience
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My husbands father left a property to him in his will. It

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Hi, my husbands father left a property to him in his will. It left his mother out of the will. She has recently created some kind of power of attorney with my husbands consent, since he became married, which is a bit strange as he is an adult. Now the property is up for sale and we want to ensure his mother gives us his share of the property's sale. In addition, do we need to ask the mother to cancel the power of attorney - or will it affect our future property?
JA: Can you tell me where this is? And just to clarify, what paperwork has been filed?
Customer: This is in London
JA: What documents or supporting evidence do you have?
Customer: His mother probably has the will and a copy of the "power of attorney" that was signed with a lawyer
JA: Anything else you want the Lawyer to know before I connect you?
Customer: that his mother is very cautious with money - and may have put together the power of attorney to stop me getting any share as his wife - incase something happened to my husband or if we seperated

Hello,

 

The power of attorney would usually give his mother to act on his behalf, but if he were to pass away, it becomes null and void.

 

Your husband may revoke the power of attorney if it is revocable, he should ask for a copy of it to see what it includes.

 

May I help further?

Customer: replied 12 days ago.
if his mother is using the power of attorney for any reasons untoward, what would you recommend?

That it be revoked. Legal action may also be taken against her, depending on what she has done, which may include lodging a police complaint if she has acted fraudulently.

 

Please click on 5 stars

Customer: replied 12 days ago.
for example when the property sells should we construct a contract before hand, to confirm the amount, that we receive say 75% for example from the property... because we are concerned his mum will change her mind if we decide to use the money to buy a property somewhere she doesnt approve of
Customer: replied 12 days ago.
i will click on 5 stars! thank you very much
Customer: replied 12 days ago.
can we create a document which she must sign to agree how much she gives us when the property sells?

Your last question has nothing to do with a power of attorney. Yes, you may enter into a letter/contract with her to that effect.

 

She cannot interfere with the provisions of a Will, however, she may challenge it in court under the Inheritance (Provision for Family and Dependents) Act 1975 if adequate financial provision has not been made for her.

 

 

 

 

Customer: replied 12 days ago.
with the money that has been accumulated from the property when it was rented out - is my husband as the legal owner entitled to this money?
Customer: replied 12 days ago.
can she have a power of attorney only over the one property in the will - or would
it affect all of my husbands properties?

That would be his property so he is entitled to the money.

 

It depends on the wording of the power of attorney.

 

All the best, please click on 5 stars

UKSolicitorJA and 3 other Law Specialists are ready to help you
Customer: replied 12 days ago.
Thank you very much