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Clare, Solicitor
Category: Property Law
Satisfied Customers: 35043
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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My ex-husband will be going i nto a high dependancy care

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My ex-husband will be going i nto a high dependancy care home as he is suffering with Lewys Bodies dementia. My son has Power of Attorney and is also the Executor of his will. There is a strong possibility that my ex-husband's house will have to be sold to top-up the NHS contribution for his care. My son has never been close to his father but he believes he has left certain items of his belongings to various people. My son will not open the Will as he says his father is not yet dead and us worried it would be illegal to do so.Could you please tell me : Is my son legally able to open his father' will? When the house is cleared can my son give the willed items to the named people? If the house is sold how does he divide the money up between the recipients and if the house us not sold but his savings and other money is gone leaving the the house as the only asset?
HiThank you for your questionMy name is***** shall do my best to help you but I need some further information firstDo the items you are referring to have any financial value?
Customer: replied 2 years ago.
Don't know - wouldn't think so. Quite probably a Juke Box and a couple of vases which I think were his Mother's. His home, so I am told was mostly second-hand and Ikea.
There is nothing illegal in opening the Will if your son wishes to give the items to the people his father wished them to go to.Alternatively he is entitled to simply dispose of everything and place the money in an account to be held until his father dies at which point it is distributed in accordance with the termsof the Will.Please ask if you need further detailsClare
Clare and other Property Law Specialists are ready to help you
Customer: replied 2 years ago.
ClaireI have just been told that there is a sealed letter of instruction addressed to my son which he won't open because he thinks he can't utiil his father dies. Could you let me know what might be i n this letter?Many thanks
There is no way of knowing unless he opens it.Whether or not he does so is up to him - but there is no legal reason why he should not do so
Customer: replied 2 years ago.
Many thanks Claire.Pat Gude