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

neneromanova · 13 October 2009 at 9:56AM

bryanb wrote: »

As I understand it- He didn't

Which doesn't make sense does it as when you are sat there, with the will in front of you, you would sign it wouldn't you? Then the solicitor would sign it as well....

(Speaking of wills, I really should get my own written...)

Susan_Frost · 13 October 2009 at 10:02AM

There is a time delay, in that you go to a solicitor, tell them your intentions and then they get a will drawn up and you go back to sign it and have it witnessed. Perhaps Dad gave his instructions to the solicitor, but died before the will could be drawn up and signed. I doubt people hang around waiting for it to be typed - however, if it is basically just a small amendment, then it probably is time effective to wait for an alteration to be done, with word processing, etc.

springclean · 13 October 2009 at 10:21AM

i understand this story as such...

1. There was a will (will 1) when mum was alive that benefited all siblings.

2. Mum died, dad stayed with sisters, and unbeknown to OP will was changed (will 2), cutting her out.

3. When dad stayed with OP, amendment to will was to add OP as executor to what Dad thought was will (1) - benefiting all siblings - which is why OP is saying he can't remember making will 2.

so, she is not saying he was not of sound mind when making will 2, but was of sound mind to make a potential will 3. she is saying dad was just getting her to help sort out his estate after his passing, and still thought it would be a fair split, as did OP.

well, that's my take anyway...:rolleyes:

(and yes, there is a time delay. re-did my will a few months ago. told him what i wanted, he drew it up, got a call to say it's done, went in and signed it in front of witness).

bryanb · 13 October 2009 at 10:28AM

springclean wrote: »

i understand this story as such...

1. There was a will (will 1) when mum was alive that benefited all siblings.

2. Mum died, dad stayed with sisters, and unbeknown to OP will was changed (will 2), cutting her out.

3. When dad stayed with OP, amendment to will was to add OP as executor to what Dad thought was will (1) - benefiting all siblings - which is why OP is saying he can't remember making will 2.

so, she is not saying he was not of sound mind when making will 2, but was of sound mind to make a potential will 3. she is saying dad was just getting her to help sort out his estate after his passing, and still thought it would be a fair split, as did OP.

well, that's my take anyway...:rolleyes:

(and yes, there is a time delay. re-did my will a few months ago. told him what i wanted, he drew it up, got a call to say it's done, went in and signed it in front of witness).

But I just re-read post 1 which states father suffered from Dementia. If this was when wills were written, surely it would have some bearing?

springclean · 13 October 2009 at 10:53AM

bryanb, I agree, but my understanding is that OP is saying the dementia was around for Will 2 (sisters in - her out), which is why he thought he was adding her purely as an executor to a will that was a 4-way split.

if what you are saying is that even adding the OP as executor is not valid due his possible dementia, then i agree with that too - although adding an executor doesn't benefit anyone surely? (but i still agree with your point).

certainly, you can't claim dementia a year or so ago, and then lucidity now.

my listing out of the story as i see it is because i think some people haven't understood that dad was not changing his will in her favour just before he died, but adding her as an executor to a will that he thought was an equal split between his children - which is why there was no big rush to finish the legalities.

that said, that's just my interpretation. families, eh?

daska · 13 October 2009 at 11:48AM

springclean wrote: »

certainly, you can't claim dementia a year or so ago, and then lucidity now.

while I think you're correct about the dementia there are some aspects of alcoholic cognitive impairment which can be reversed with treatment. This might hinge on getting a better understanding of his formal diagnosis and medical history.

tandraig · 13 October 2009 at 8:14PM

in a way you are all correct!!! thats what makes it confusing for us mere mortals. if a reputable solicitor has told OP there are grounds to contest - then i am happy with that. I strongly suspect - having a few dealings with wills etc and relatives who had alzhiemers that the probate office may well prove the will which was made (I assume) before dementia was diagnosed. but, saying that, the law is a funny thing and i could be proved completely wrong for reasons which havent yet come to light!!!

far2812 · 14 October 2009 at 8:51PM

I am so glad I posted this on here! It is really interesting to see other's points of view.

I did not think that Dad changing the Executor only on his will was a major change. If there was talk of writing people out of it - I would not have signed it as Executor.

As Susan says, the solicitor came to the house, where Dad and I signed the Power of attorney document - and then took notes on the change to the will that he required. He died 3 weeks later so was not a long time really.

It is just sad that it won't have any meaning in Court.

Thanks to everyone who is posting on here - it is really helping me and I will keep you all up to date.

springclean - you have it bang on! Dad was only making me executor thinking that will 1 still stood! (obviously being unaware of will2)

Mojisola · 14 October 2009 at 9:41PM

far2812 wrote: »

I did not think that Dad changing the Executor only on his will was a major change. If there was talk of writing people out of it - I would not have signed it as Executor.

As Susan says, the solicitor came to the house, where Dad and I signed the Power of attorney document - and then took notes on the change to the will that he required. He died 3 weeks later so was not a long time really.

springclean - you have it bang on! Dad was only making me executor thinking that will 1 still stood! (obviously being unaware of will2)

You wouldn't have been able to witness the will as you were due to inherit from it. Executors don't sign anything when the will is drawn up.

Is will 1 still in existance - it wasn't destroyed after will 2 was written? If it is, was the solicitor adding a codicil or rewriting the will completely? Either way, three weeks is plenty long enough to get the job done and the will signed. It's a shame he didn't work faster.

far2812 · 26 November 2009 at 7:16PM

Latest update for everyone:-

I don't know if I made it very clear but when dad signed will 2 he was suffering with alcohol dementia and drinking about 2 bottles of vodka a day!

When he asked for Will 3 to be drawn up (although he thought is was will 2) and only change in his mind was to make me Executor and splits to still be 4 ways, he had been sober for over a year and had improved vastly.

My solicitor wrote to the other side and found the following:-

1. When will 2 was drawn up - the solicitor did not open a file and therefore there are no notes or anything - the only thing their is - is the WILL itself!!

2. Dad's solicitor on will 3 DID type up the will for Dad to sign but sent it to the wrong address!!!!

Any further thoughts?

I really appreciate your comments x

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

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