Next of Kin/Inheritance query

[matildadolly]

This is complex - can anyone help? My grandmother is currently living in residential care (mentally sound but physically infirm). She had two children, my mother and my aunt - both have now predeceased her. Following our Mother's death there was a family dispute and we did not speak to our Aunt who was then soley responsible for grandma's care. Our aunt has now died and we are told by the Care Home that now one of our aunt's daughters is responsible for the administration of our Grandma's day to day care (they say they have a letter to say so - but we have not had sight of such letter). We understand that my aunt had power of attorney for my grandma but dont know if this extended to my aunt's daughters, or if in fact following her death power of attorney would be passed on in such a way? We also understand that my Grandmother's will left the majority of her estate to her daughter (our aunt). Now that our aunt has predeceased her Mother, if the will gave no further instruction what happens to her estate when she dies? If it matters Grandma has no living 'blood relatives' other than her grandchildren. Also if she has not appointed a 'next of kin' would this assumed to be her eldest living grandchild - although I understand next of kin has no legal rights?

[bednobs]

if she is mentally alert, just ask her to nominate a n.o.k, and ask her what she wants to happen

[bednobs]

she should also make a new will

[dzug]

The grandchildren will inherit if they are the only relatives.

Next of kin is meaningless really. If the grandchildren inherit, they would be expected to obtain Letters of Administration for your grandmother's will (assuming it doesn't name a living executor). The Probate Office won't care which of them applies - though it will probably want at least two of them to do so jointly, or for them to appoint a solicitor to do so..

Power of attorney would not automatically be passed on to someone else - it would have to be specifically authorised. However, if your grandmother is mentally sound and can sign things, I doubt if a PoA is necessary at all.

[fletcher.5]

Get the floorboards up before the coffin lid goes down.
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