Any Lawyer money saving tips re Will contest_

jane1960

I have a huge problem and I cannot afford the 200 pounds per hour lawyers fees.

Here goes:-

My mum died last month after suffering dementia, I have in my posession a certification from her doctors that she was suffering from an enduring mental illness, dated September 2005.

In fact she wanted to change her will just a few days before this declaration was signed, the change was to leave her grandchildren a legacy - otherwise it remained the same as her previous will dated December 2000, leaving my brother and I as executors and joint heirs.

My brother took it upon himself to take her away from her home and husband in September 2005. Unbeknown to me or to her husband he had somehow managed to obtain an enduring power of attorney in 2000, when the first signs of mental illness emerged following a stroke. As soon as he had control of mum he ordered the EPoA to be released therefore giving him total control over her finances.

When she died my brother claimed that she had left nothing, back in 2005 she had considerable investments and savings accounts and received income from interest on them as well as state pension, private pension and a contribution for her care from her husband.

I was even more shocked to discover that this lady who was suffering from dementia was able to change her Will just 17 months earlier and instigate divorce proceedings from her husband.

My brother produced the new will which left him as sole executor and main beneficiary, I had been virtually disinherited.

As my brother claimed that there was nothing left from her estate he was not sending the will for probate. I later learned from my stepfather that he had paid over the sum of 85,000 pounds to my mother just 3 months before her death in divorce settlement! My brother never mentioned to anyone in the family that this had been paid.

Would I be able to ask my mothers former solicitor to send the legal will that she made in 2000 for probate? just to elicit some kind of response from my brother as if the 2007 Will is not being probated how can I contest it? so I thought if I send the 2000 Will for probate then he will be informed and will therefore have to take measures to contest it.

Are there any lawyers at all who may be willing to take such a case on a no win no fee basis?

I would much appreciate opinions and advice as my brother has comitted a serious crime and it looks as if he is going to get off scott free simply because I cannot afford to fight him.

Many thanks.

Rikki

Wow! I'm shocked.

Firstly I'm sorry to hear about your Mum .

It seems your brother has manipulated your mother into making some very harsh decisions for his own gain and I think it will be needed to be sorted out through solicitors.

I would find a solicitor who offers a free first session. Explain everything as you have done here to them and they will advise you of the best cause of action. Even if it is just to stop your brother of disposing of any monies until the wills and divorce have been looked into.

You cannot allow your step Father to be treated this way and nor you.

Please get some legal advice.

NB: Print out your post and take that with you.

jane1960

Thank you so much for your reply.

I have spoken to various solicitors including the solicitor that my mother used all of her life up until 2005, however the costs seem prohibitive - I have 2 children and a mortgage and therefore am unable to take financial risks.

I have no doubt that my brother disposed of my mothers monies before she died - he has aquired many assets over the last 3 years. The ePoA gave him complete freedom to do as he pleased with her money and she did not have any idea at all.

Do you know how I can look into the Wills if the latest Will is not being sent for probate? if I can succesfully establish the 2007 will to not be valid because of her incapacity then I can demand an accounting for my mothers assets from the time my brother had a power of attorney. Following that the question of how she could instigate divorce proceedings when she didn't even know what day it was would come up. I also thought that solicitors had an obligation to ensure that their clients were in full posession of their mental capabilities before they could proceed with making important legal decisions, after all the very reason that my brother had a power of attorney was because she was deemed incapable. Perhaps I could make a claim against the solicitors?

It really is tough - my brother seems to have had time to develop his plan over the past 3 years I only found this all out two weeks ago.

hardpressed

Have you contacted the Probate Office to ask their advice?

Errata

When someone agrees to give someone else POA, any spouse and children are informed so they can object if they wish to. Did her husband and you receive a letter ?

jane1960

No, neither of us ever received a letter from the probate office.

jane1960

I haven't spoken to anyone at the probate office, I have sent a letter to lodge a caveat should my brother send the 2007 Will for probate. Thanks, I will phone them on Monday.

jane1960

"No, neither of us ever received a letter from the probate office". Sorry I just meant to say that neither of us received any notification at all from anyone regarding the registering of the ePoA.

whitewing

Do you have legal cover as part of your household insurance?

Would the police be able to give you advice?

Errata

jane1960 wrote: »

"No, neither of us ever received a letter from the probate office". Sorry I just meant to say that neither of us received any notification at all from anyone regarding the registering of the ePoA.

There are two stages - stage 1 is drawing up the documentation and informing those who must be informed, stage 2 is registering it. If you or her husband have recieved no communication whatsoever you need to speak to the Public Guardian's office, and ask if an offence has been committed, either by the solicitor who drew up the documentation or your brother if he did it.

Rikki

Have you seen a copy of either of the wills?

You need to sit down and discuss with your Mums husband about the divorce and the money he parted with. There should be paperwork in his procession regarding the divorce and conditions. As your Mum divorced him he was not then her beneficiary, a deliberate move by your brother.

Its a starting point to gather as much information as you can before deciding what action to take. Your brother has a lot of questions to answer ans I don't think he's been entirely honest with you and may not have paperwork to substantiate what he's done.
Has your late mothers solicitor confirmed the making of a new will in 2007?
Did they write the original will in 2000?

Ask to see paperwork from your brother to substantiate his claims. Explain you will be looking into this matter further. He is hoping you won't and can't afford it.

We need to explore a way round this.
As Errata said above; find out if your brother did have POA.
Check her husband paperwork. If he doesn't have/can't find it you can contact the court and get a copy of the divorce and terms of the divorce. (Did he say why she wanted to divorce him or was he cohered into it by your brother?)