Legal Question in Wills and Trusts in United Kingdom
Property Claim After Deceased
after a married woman has died without making a will and her husband is mentally incapable is it not illegal for the husbands sister who has power of attorney to claim all the deceaseds belongings?
1 Answer from Attorneys
Re: Property Claim After Deceased
The power of attorney granted to the sister will lapse on the death of the grantor. At the moment of death the entire estate will pass to the woman's personal representative who will either be an executor appointed under a will or the next of kin being the husband. His entitlement will not be affected by his mental incapacity although further consideration on administering the state will be required depending upon the individual facts.
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Andrew Dutton
www.legal-zone.co.uk