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

vaio

I suspect this is going to hinge completely on medical evidence as to his mental capacity when he signed will 2.

Do you have (or can you get) any?

Good would be doctor or similar, better would be if Dad gave solicitor copy of will 1 with instructions to change executor to the OP and leave everything else the same ie as a 4 way split, ideal would be both.

Fly in the ointment is that just because he didn’t remember will 2 when doing will 3 doesn’t mean he wasn’t legally capable when he signed will 2.

far2812

I suppose I could get his medical records??

I had a very good relationship with his GP.

Errata

far2812 wrote: »

I suppose I could get his medical records??

I had a very good relationship with his GP.

Speak to the Practice Manager, who will tell you if that's possible or if there is a legal procedure which will have to be followed.

tandraig

hi hun - glad you updated us!
I cannot see why you or your solicitor cannot get medical records - if you are contesting will then the courts will need them anyway! could be wrong but surely your solicitor will advise on this?
maybe all you need to do is ask gp and sign appropriate form.
good luck and keep updating us - been wondering how you were doing but know how slow these things can be.

dzug1

Will 3 is null and void as it was never signed. Father's state of mind doesn't come into it.

Will 2 may be null and void if he was not compos mentis at the time of signing it or there was undue influence

far2812

Hi Tandraig - well it's been a nightmare this end!

The solicitor seems to think that there is enough stuff for us to win - I just dont want to get my hopes up as if I get the 25% share - it will set me up completely.

I am currently in a difficult situation and it would certainly change my life!

iwanttobeanonymous

Which is probably what your loving, caring, sober father and mother wanted to happen all those years ago when they drew up the original wills. What a sad story, I hope you get this sorted out ASAP, OP.

far2812

what a lovely comment iwanttobeanonymous - thank you! x

tandraig

hi far2812 - nice to hear from you again! seems your solicitor thinks you have a case? is it that your poor dad was not in right mind after will no1? if so then i think this is what is your solicitor is going with - subsequent wills are invalid. sounds like it to me. er - isnt that what some of us said before? anyways - hope that you get it sorted out amicably. and another word of advice hun - do not let solictors start the letter to and froing! they love to do that - and you will spot it as they copy them to you. letters which say darn all except thanks for your letter of the **inst and no new info! oh and you get charged for all that (including the copy to you). dont know what paper solicitors use but it aint half expensive!!!

far2812

Thanks Tandraig - I know - really I could have dealt with this myself if I had gone along with the advice from here!!

I have asked the solicitor not to copy me in on non-advisory letters!

I am hoping but not getting excited.

The solicitor just thinks that there are too many anomalies in Dad's health and the treatment of the making on Will 2 that a judge would happily throw out. Mainly that there is no file attached with the second will to specify any discussions held or anything. x