# Bought Property with Mum who died - Power of Attorney???



## RobertTheBruce (Mar 13, 2013)

I invested in to a property in Dubai with my mother, who has recently passed away. I now wish to cancel the investment and the property agents are stating that I need to claim power of attorney to sign on behalf of my mother.

The problem is that I highly doubt that it would be possible to claim power of attorney of my mother's estate through the UK Courts. However, according to English Law: "If the partners were beneficial joint tenants at the time of the death, the surviving partner will automatically inherit the other partner's share of the property. There is no need for probate or letters of administration [Power of Attorney] unless there are other assets that are not jointly owned." UK Citizen's Advice Website

My query is this, does the above mentioned fact that in a joint ownership in Dubai, if one of the partners pass away, does that property not automatically now become inherited by the other party?
If not, is it still possible to claim my investment and choose to forego my late mother's half of the investment?


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## BedouGirl (Sep 15, 2011)

Sorry to hear about your loss. Obviously laws vary from country to country and here is no exception. For example, i believe if a woman is widowed, the property would not automatically go to her. It would be given to his eldest living male relative if he did not have a son. Best advice is get yourself a lawyer here. The best person on here to contact is BigJimbo as he may have more knowledge about this kind of thing, but I have a feeling he may say the same thing. This may take you a while to unravel. Good luck.


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## Bigjimbo (Oct 28, 2010)

I actually think Elphaba would be the best person to ask. My knowledge is next to zero for this. Sorry for your loss.


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## vmanjusuma (Mar 13, 2013)

Sorry to know you have landed into a problem, death certificate a must and to be attested in the home country and if there is will by your mother attested by Dubai courts you could have a chance... However worth contacting a lawyer.... provided the investment is big

All the best


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## wandabug (Apr 22, 2010)

You cannot have POA for a someone who is deceased. If you do not have a will you need to apply for probate in the UK. Then send it to FCO in Milton Keynes and then UAE Embassy in London. It will then be accepted in UAE.


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