I have not been able to find anything in forums or elsewhere on the net that fits our circumstances. The situation is that my partners father recently died intestate. She has a brother and two half-brothers (so four surviving children in all) one of whom had power of attorney. Her father was accessed as being mentally incapable in 2017 through social services with dementia. It appears, when it became apparent that her father would have to go into a nursing home, her half-brother at this point has used his power of attorney to get his name on his fathers property with the land registry. As there is an outstanding trust on the property from a previous relationship I have been informed this is as "tenants in common". We do not know how this is apportioned yet but will soon as the transfer document has been requested. Her half-brother did not tell anyone he had done this but we believe he did go through a solicitor. We have asked him by email what is intentions were and are awaiting a reply. The time line is the new entry on the land register was 05/3/19 and he went into the care home on 20/03/19. Incredibly the land register are able to accept the power of attorney certificate with no other documentation to do this. We aware of the situation regarding inheritance tax and care home fees but need clarification on how the estate would be divided between the four surviving children in view of the fact one half-brother now has a share of the property with the land registry. As there is no surviving spouse intestacy rules would mean normally the estate would be divided equally between the 4 of them. It is a possibility now that her brother will be expecting a higher share of the estate. Please can someone advise how to proceed and whether you think his actions were lawful.

Thanks for that Jim. I was particularly interested in your comment that entry on the land registry is not necessarily proof of ownership. Could you elaborate on that? If anyone else has experience in this area I would be keen to read their take on it. As an update the half-brother has asked my partner what share she is looking for (as if he controls the estate). Our reply stated 25% and we made him aware we know the date (5/3/19) he got his name on the property with the land registry and asked him why he did this. We are still awaiting a reply.

Yes, this is a case for experienced legal advice. If you Google power of attorney disputes UK, you will see that this is an increasing problem. You are not alone but you will need advice. I can't see your post from here but presume this needs to be brought to the attention of those responsible for probate. Families and money don't mix.