21st May 2015

A complex intestacy

We were asked by Social Services to visit a terminally ill gentleman a week prior to his death to prepare a Power of Attorney; however unfortunately we thought he did not have capacity to make this decision.

We were then instructed by Social Services to administer what was believed to be his intestate estate. When going through his papers we discovered that his wife had passed away in 2008 intestate with her estate largely un-administered. Her estate included a property, cash in bank accounts and shares totalling approximately £180,000.

Following our clearance of the property a Will was located at the property, executed in 1970. It was discovered that all named executors had predeceased our gentleman. The sole surviving beneficiary was located but did not have capacity; he is suffering from poor health and is in permanent residential care. The wife of the residuary beneficiary is his attorney and so she was a person with the right to be appointed as Executor of the estates of both our deceased client and his late wife. A special Oath was prepared for a leading grant (limited) for the wife’s estate. The combined estates total nearly £700,000 with a share portfolio worth approx. £250,000.

We are now preparing a Court of Protection application on behalf of the attorney and executor for approval of a Deed of Variation in relation to the distribution of the estates and the ongoing management of the investments. The residuary beneficiary’s care is currently funded under s117 of the Mental Health Act. The Deed of Variation is seeking to inheritance tax plan on the protected party’s behalf but will require Court approval.

Life 153665921

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