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Jelly's will questions
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any updates on this?
/subscribed0 -
Yes Hi everyone who is subscibed ...I havent forgotten you!Im still here!! We have been waiting for solicitors...surprise surprise.. who have asked numerous question of the Will/EPA drawing solicitors and the deadline for a reply was yesterday...then its gloves off and away we go....
we now have all the medical evidence we wanted and also can prove that the EPA obtained by the wife was not registered with the OPG after Dad lost capacity ..so any action she took using that is a Poilce matter according to the OPG...good news!
Our next move will be to officially contest the Will of 2008 and obtain all documentary evidence from the Bank in relation to the monetary transactions the wife carried out once she got the EPA and used it and the (new) joint bank account etc to methodically remove my familys inheritance from my Dads accounts,sell his stocks and shares etc and put all the funds into her own name..all because she felt that what Dad had left her in his previous Will (when he had just married her) wasnt enough (that being 50k in cash and a house worth over £250k that she had never contributed to!)
I hope she gets the book thrown at her and likewise the solicitors that have given her the opportunity to do this to us.The last 4 months have been a total nightmare and we are all suffering terribly,losing our darling Dad has been bad enough but dealing with his thieving Judas of a wife ,who has supposed to have been a part of this family for over 20 years, has been something else.I hope no one else goes through this like we are at the moment.
please keep up the interest and support its much appreciated!
Jelly x0 -
Jelly
I have to be very careful here but I know a case where a "family" solicitor managed to prevent a surviving spouse from making a will leaving the estate as both parents had wished. The parent believed in the months before their death that it had been sorted and all the children would inherit.
The new will had been made ready but never signed. The actions of the solicitor in failing to communicate that this was necessary or follow up their client's failure to sign devastated a whole family.
In your case, i think you have more chance of sorting this because of your SM's use of the EPA.
Gloves off.If you've have not made a mistake, you've made nothing0 -
good luck .0
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encouraging meeting with solicitor today and our next move is this
get solicitors removed as executors as there is evidence that they have been professionally negligent and look to making a claim against them.
appoint new executor solicitor to act with executor nephew in getting the EPA investigated and funds that have been removed by its misuse reinstated to the estate ( apparently all matters to do with misuse of EPA's have to be dealt with by the "estate"..it the "estate" that has to make the claim,not us,as it is the "estate" that has been the "victim" of the misuse of the EPA.
If evidence of EPA misuse consider possible Police involvement.
My sister and I to persue the contesting of the Will claim on the basis that our Dad did not have capacity to make a new Will in 2008 due to his medical condition (his lack of capacity also features in the drawing up of the EPA and that may well be proved to be null and void aswell!)
we have been warned that it will be a LONG process but have been offered a "no win no fee" deal with the solictors because they believe we have a very strong case and the likelihood of us winning is high,then all costs would be claimed from the other side.. ie the TB (thieving bi*ch)
so a bit more positive news,even though my brain feels fried and my head is banging trying to take it all in...
I know it will take an age but if we get JUSTICE at the end of the day for Dad.my sister and I and the grandchildren who have been the victims of this TB then we will be happy (and hopefully have a few quid into the bargain if we are lucky)
Will keep you all posted.
Jellyx0 -
I have got everything crossed for you, really hope your father money goes to those he intended it to x0
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Jelly
Am really pleased about this; very few solicitors would pick a will dispute up on no-win-no fee basis so they must be pretty confident.
Certainly look at reporting the solicitors to the Law Society down the line, although the only case I know of personaly resulted in the guy getting his second warning. Advice to the complainant was that a third warnign was not an option and he would be disbarred.
On the basis of what you wrote about the original will, i think the law firm were negligent a long time ago.
This woman deserves everything she gets. I think, as said before, that she could have made a successful claim for enhanced provision but trying to nick the lot is criminal, literally.
I would suggest going for the IFA as well - ask him what legal documentation he has to authorise the sale of your father's shares by another person?If you've have not made a mistake, you've made nothing0 -
Hi everyone,
since the meeting with the solicitor we have now received the current estate assets documents together with all the archive docs from when Dad did his previous Will in 1998 (which was done when he was totally "well")....THANK YOU GOD!!!
Dad wrote (in 1998) a lovely letter to his (then) solicitor explaining all that he wanted to leave my sister and I and obviously how he wanted his Will drawn up then....this included signing over my maternal grandmothers house to us as tenants in common ...however he was later disuaded from doing this by his solicitor due to the Capital Gains Tax that my sister and I would be liable for if he did so.. he then kept hold of the property and rented it out for several years..it was later (when he was ill with Alzheimers) that this property was sold and the proceeds put in the wifes name. We understand she has spent this on paying for her mothers care home fees!!! (this is in the solicitors attendance note!!) The cheek of it!!!
So we have it in black and white that Dad wanted us to have that property and the family business and his residue estate etc etc....looking at the figures as per his 1998 Will...his estate then was worth in the region of £600k ...so what would it be worth now? He wasnt as spender and was just about persuaded to buy himself a second hand Jag as a treat to himself after working his butt off since he was 15...
As the current Will of 2008 leaves things if we dont contest this (as we now know invalid) Will my sister and I will end up with about £2k each!! The TB runs away with the rest.....I dont think anyone in their right mind would let her do that would they???
She has offered us both £150k each if we dont contest but now we know that is a drop in the ocean compared to what Dad REALLY wanted to leave us which she wants to keep for herself. OVER MY DEAD BODY!!!!
From the current estate assets ...that amounts to about £250k ...there are shares valued at 61k that we believe were left over from the previous sale of Dads shares that she undertook to do and from which she paid out the grandchildren £6k each...by the looks of it they are due another £10k each so she has robbed them blind too.Unbelievable the depths shes stooped to...
We have also discovered that Dad DID have an insurance/endowment policy that would have paid out on his death and covered any IHT that my sister and I would have to pay....this has been cancelled and not paid into for several years...and guess who did that??? Im sure I dont need to tell you! From her point of view I guess what would have been the point of paying for a policy to cover assets left to us that were no longer in the estate any more but sitting nicely in off shore accounts in her name?
We have also got the EPA application that she signed accepting the terms that should Dad lose "mental capacity" she was aware that ,by law,she had to register it...so shes signed her own death warrant there....we know why she never registered it because we would have found out as the OPG notify family members and she had never told us she had obtained one in the first place...oh dear silly woman...shame greed got the better of her and she has made some very stupid mistakes that will land her in alot of trouble (thankfully).
Yes,I agree we will try and go after the IFA aswell,but the solicitors want us to deal with one thing at a time,slowly slowly catchy monkey in other words...!! We have every intention of suing the butts off the lot of them...as if it wasnt for the IFA and the solicitors giving the TB the means to take our inheritance we wouldnt be in this position at all ...apparently you have to make a claim against the solicitors yourselves for "professional misconduct" and the Law Society only deal with solicitors if they have been acting for you personally....where our situation is different.
Hope I havent waffled on too much but its a relief to feel we are finally getting some positive results and I want the world to know we werent wrong in our suspicions about her! Its a shame some members of our family (cousins etc) are still taken in by her lies...boy! are they going to have egg on their faces when all this comes out!! I will relish in their apologies for doubting what we were doing and accusing us of being "greedy,horrible bi*ches"....the truth will out as they say....cant wait!0 -
Hi Jelly,
How are you getting on with this - any more progress?0 -
I stayed up 'til 2pm last night reading this thread. I really felt for you in the situation. As pink said, has there been anymore progress?0
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