Wills?

[ancientwarrior]

Hi - cant find the forum was listing my query on intestate - I apologise if this is the incorrect place - but here is my query

 

My mother has not made a will and I have been officially granted Enduring power of attorney to look after her financial affairs - If she were to die

intestate - does the money asset divide equally between the deceased's direct chidren - she has two - or do you have to divide it between the direct chidren, grand children and great grandchildren equally

 

regards

[Mozz1]

Hi - cant find the forum was listing my query on intestate - I apologise if this is the incorrect place - but here is my query

 

My mother has not made a will and I have been officially granted Enduring power of attorney to look after her financial affairs - If she were to die

intestate - does the money asset divide equally between the deceased's direct chidren - she has two - or do you have to divide it between the direct chidren, grand children and great grandchildren equally

 

regards

 

Dear ancientwarrior,

Does your mother have mental capacity to make a will? If so, she should do so. I assume your EPA is unregistered and you are using it with her consent on her behalf? If she doesn't have capacity to make a will then she can't. period.

If she were to die intestate then the statutory intestact privisions would apply. These depend on who she is survived by. Is she still married? A widow?

I assume she is a widow. In these circumstances then her estate will divide equally to her children, unless any of her children have died before her, in which case the grandchildren will receive that predeceased's parent's share and pro-rata. I assume all of the children are aliove and well, and, if so, then they will receive equally.

It would be worthwhile your mother having a will drawn up properly nonetheless as she can then appoint her executor/s and give directions regarding her funeral and make specific gifts etc if she wishes to.