Jelly's will questions

Jellywobble123

yes I understand there is a particular "test" that solicitors are supposed to carry out to check someones "capacity" but I cant see how Dad would have ever "passed" it!

In his role as executor can my nephew ask all these questions about the Will and bank accounts etc or not? It would be easier for us if we didnt have to use expensive solicitors to get the answers!
Although we have listed several questions we would like answered he is reluctant to do this and seems to be leaving everything up to the executor/solicitors who are the same firm as those who drafted the Will.

Is there a web site anyone knows of that lists executors duties and powers etc? Im sure hes not doing his job as well as he could and I hope he has been properly informed of what is expected of him in this role.

Errata

There is no particular 'test' to ascertain capacity that can be used by someone without a medical or clinical qualification.

An executor can and should ask any and all questions they need answering in order for them to settle the estate properly.

Website for executors duties http://probate1.com/duties.html

Jellywobble123

have spoken to the OPC and there is no poa registered... so the wife must have had a general/ordinary poa and so has abused the terms of that once Dad lost mental capacity and she continued to use it.

so wots my next move?

floss2

Advise your solicitor of the outcome of that phone call - they should be able to take the next steps.

RAS

Jellywobble123 wrote: »

have spoken to the OPC and there is no poa registered... so the wife must have had a general/ordinary poa and so has abused the terms of that once Dad lost mental capacity and she continued to use it.

Thinking about it last night, I suspected that was what she had done.

I suggest that your solicitor asks to see the POA.

Since she has the money in a joint account now, albeit that she has obtained it fraudulently, the situation is much harder. You might want to ask your solicitor if they or another partner has previous experience of this sort of thing.

Did the OPC suggest any action in these circumstances?

Jellywobble123

the OPC just said I could obtain a copy of their negative response which would cost me £25 and that I obviously need to find out the date of the POA. My nephew who is joint executor has phoned the solicitors and they made the lame excuse that the file was unavailable as it had "gone to litigation" following receipt of our solicitors letter at their office. Dont understand why its "gone to litigation" when the letter only contained questions as to the drafting of the Will and didnt specify or indicate that we may contest the Will ....
We feel the solicitors may be playing a game with him as when he asked for a copy of the Wills it wook them 2 weeks to send them and several phone calls,they appear very obstructive every time he tries to get any info out of them to do with the drafting of the Will etc.

The OPC didnt seem to be interested when they knew Dad was now dead.

floss2

Do you & your nephew have a solicitor? If not, now is the time to appoint one. try contacting the Law Society for a recommendation of one in your area who has experience of this type of work, better to engage an expert than someone who doesn't really know what should / could be done.

When you meet with YOUR solicitor, instruct them to urgently request a copy of the POA. Their contact may have more weight than yours.

Jellywobble123

My sister and I have a solicitor that specialises in contentious probate so we are ok on that front I believe! My nephew is not involved in any contesting of the Will he is joint Executor with the solicitors who drew up the Will of 2008

RAS

Jellywobble123 wrote: »

My nephew who is joint executor has phoned the solicitors and they made the lame excuse that the file was unavailable as it had "gone to litigation" following receipt of our solicitors letter at their office. Dont understand why its "gone to litigation" when the letter only contained questions as to the drafting of the Will and didnt specify or indicate that we may contest the Will ....
We feel the solicitors may be playing a game with him as when he asked for a copy of the Wills it wook them 2 weeks to send them and several phone calls,they appear very obstructive every time he tries to get any info out of them to do with the drafting of the Will etc.

The OPC didnt seem to be interested when they knew Dad was now dead.

Your nephew is joint executor, he is not just entitled to see all documentation regarding the will and the probate without any interference or delay, but legally required to do so.

You might want to suggest that he speaks to the Law Society and the Probate Office about the situation, urgently as he plainly does not understand his rights and responsibilities as an executor.

Also point out that as executor he would be personally and jointly liable if there are any shenigans which deprive you guys of your inheritance. Obviously you do not want it to get that stage but he does not seem to understand the seriousness of the situation.

I was concerned that since dad was dead, the situation would be more difficult. Had you realised whilst he was alive, the OPC could have taken over the accounts and appointed someone to look after Dad'd accounts (probably your and/or sister).

Jellywobble123

thanks RAS...have forwarded your comments on to him....

Yes as far as the POA is concerned it is a shame we didnt do something before but, stupidly, we TRUSTED her to be doing the right thing!! Hindsight is a great thing isnt it?!