Written out of my father's will - so sad!

vaio · 28 September 2009 at 10:00AM

I’m not sure solicitors are qualified to judge whether someone is of sound mind, obviously there will be cases where it is obvious but equally there will be plenty of cases where it takes a medical opinion to decide.

You did nothing wrong attempting to get yourself made executor.

Being hard nosed about it you really do need to get some expert legal advice, once you have this you then need to try and sort it out with your siblings.

Good luck

Edinburghlass_2 · 28 September 2009 at 10:23AM

vaio wrote: »

I’m not sure solicitors are qualified to judge whether someone is of sound mind, obviously there will be cases where it is obvious but equally there will be plenty of cases where it takes a medical opinion to decide.

You did nothing wrong attempting to get yourself made executor.

Being hard nosed about it you really do need to get some expert legal advice, once you have this you then need to try and sort it out with your siblings.

Good luck

No they aren't qualified to decide but if they have doubts then they need to get a medical opinion.,

far2812 · 28 September 2009 at 10:54AM

Thanks very much for all the advice!

I am just about to ring a solicitor and get some advice...

Will post in a few mins.........

x

Savvy_Sue · 28 September 2009 at 1:30PM

It would also be helpful to know whether there really is a problem with the latest will: you've said it wasn't sent to the court, which we've said isn't a problem, but you haven't said whether it was signed and witnessed, or whether it wasn't even formally drawn up.

Running_Horse · 28 September 2009 at 3:10PM

It's a shame to read such posts. The first post contains a lot of information not relevant to the legal situation, which suggests you need to separate the financial and emotional side of things. Personally, I cannot stand elderly relatives playing siblings off against each other, but it does happen.

far2812 · 28 September 2009 at 9:22PM

I spoke to a solicitor today briefly and he seemed to think I had a strong case to contest the will.

I have an appointment with him in the morning so will keep you all updated,

thanks so much for all the advice so far
x

localhero · 29 September 2009 at 3:55AM

viao wrote:

I’m not sure solicitors are qualified to judge whether someone is of sound mind, obviously there will be cases where it is obvious but equally there will be plenty of cases where it takes a medical opinion to decide.

Solicitors have a legal duty to ensure that the person giving instruction has the mental capacity to do so - and the test is laid down in law. They also need to guard against any undue influence being exerted.

The solicitor should also have detailed file notes from the appointment in case of any comeback later.

OP, you have 6 months from the Grant of Probate being issued to contest the Will - and the onus is on you to prove that your father was not of sound mind to give instructions for the second Will.

If you can provide the necessary evidence, then the second solicitor will have a negligence claim on his hands.

far2812 · 9 October 2009 at 4:19PM

Hi - an update here!

I've been to see a solicitor who says that I certainly do have a case!

Given the fact that Dad was diagnosed with alcoholic dementia is a medical reason to query it!

I hate the fact that we will have to bring up Dad's mental capacity but I know that he would want me to do it!

I can't believe my siblings - I would never have agreed to write one of us out of the will but they obviously thought the money was more important.

x

RAS · 9 October 2009 at 4:49PM

Best of luck. The medical diagnosis will certainly help but they may come back and ask why you though he was of sufficiently sound mind to change the executor. However, the fact that the solicitor did not process it suggest he may also have had concerns.

far2812 · 11 October 2009 at 6:51PM

To be honest RAS - I didn't think that just changing me to be the executor was a "massive" change in his will - at the end of the day, the executor has to carry out the wishes of the person!

At least he wasn't changing the content and that's why I didn't mind too much!

Written out of my father's will - so sad!

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