Jelly's will questions

Jellywobble123

the last will (2008) reads very odd....there is the same bequest to the wife of £50k & the house and then the paragraph, where in 1998 it says I leave my residue estate to "my daughters" etc, it now reads "my wife".We find it strange that the first bequest was left in there and all that has been changed is the name of the beneficiary!

ceebeeby

I think it was mentioned by a previous poster, however, OP is in England ..?

RAS

I think you have someone who did a belt and braces job. She knew that if the will was challenged, your and sis would get the money in the sole account minue her share.

Once she was able to get her mitts on the money in the sole account, she knew that putting it into the joint account would mean that irrespective any challenge to the will, she got what was in the joint account.

If she did this as an attorney you can get her via the PG.

If she somehow "forged" or coerced your dad into signing after he lost his marbles, then it may be fraud but harder to prove.

If he really wanted to do this?????

RAS

ceebeeby wrote: »

I think it was mentioned by a previous poster, however, OP is in England ..?

Which info is not available when you are in reply mode.

Jellywobble123

thanks for all that RAS I tried to do that in the first instance but had problems...will pm MrsTine as you suggest!
Will phone the PG tomorrow am.

Jellywobble123

Yes Im in England...does my location not come up?

have pm your suggestion RAS

RAS

Jellywobble123 wrote: »

Yes Im in England...does my location not come up?

Location shows in open forum, but when you hit the reply button the info is not shown.

Since the rules for Scotland are so different is is always important to make sure anyone reading knows that the response does not apply to them.

Jellywobble123

ok Im new to all this so pardon my errors!

Jellywobble123

My executor nephew has phoned the drafting solicitors and questioned Dads "capacity" to make the new Will of 2008 and their answer was " he seemed fine!"
Our solicitor has asked for the notes of the meeting as they are of the opinion that the redrafting of the Will,to be legal,should have been dealt with by Dad alone and unaided at all times. There is no chance he could do such a complicated thing at that point,he was far too ill & confused as hopefully the medical evidence will show.He couldnt even have made the phone call to make the appointment...she would have had to have done that!

If we do get the 2008 Will declared void and we revert to the previous Will of 1998 what happens about the fact that our "inheritance" is no longer in Dads name? On paper all he is leaving in his estate is £60k and the house as shes moved all the rest into her name.

Errata

Jelly - a solicitor can decide that someone has sufficient capacity to fully understand what making a will means, and fully understand the implications of its contents at the time of the drawing up, signing and witnessing of the will.
Sensible solicitors will ask for a medical opinion on capacity if there exists the slightest doubt. Other solicitors will not, but will have to explain convincingly why their opinion was that a person had capacity at the moment they made the will.