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Help needed on change to will??

Evening all,

Newbie here,

Me and hubby are executors to my mothers will and also beneficiaries. My mothers original will left everything to me and hubby.

We have recently learned that she has added a codicil to the will to include her cleaner. The cleaner is to be left a large cash sum.

My question is, without sufficient savings to pay the cash sum that she has allocated to the cleaner, will I have to sell the house (that has been left to me) to pay the cleaner.

I know these things depend on how the will is written which I have detailed below:

Original will left everything to me

First codicil now states:
1) Funeral arrangements etc
2a) Small cash sum to hubby
2b) Large cash sum to cleaner
3) I confirm my last will in all other respects

Any advice appreciated :T
«1

Comments

  • Yes, through the same solicitor that drafted the will.
  • Mojisola
    Mojisola Posts: 35,571 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    You really need to take advice from a solicitor who can read the paperwork.

    As I understand it, if the will gives you the house, then that should come to you intact. If there isn't enough cash to meet the other gifts, they will fail but it all depends on the wording.

    Her solicitor should have made sure that there was no coertion going on when the codicil was written but not all solicitors are good. Have you asked about the circumstances - did your mother phone the solicitor and make the arrangements, did she meet the solicitor on her own or was the cleaner with her?

    Did the cleaner do such a lot for her that your mother would be expected to leave her some money?
  • My mother called the solicitors to make the appointment and was duly taken to the solicitors by the cleaner who I believe was present during the meeting. We feel she may have felt obligated in some way??

    The cleaner was a friend of my mothers who helps her out (charges my mother £20/hr for her services). I also got friendly with the cleaner as I live an hour away from my mothers and she would keep me posted on how she was. However, a week prior to the solicitors appointment the cleaner phoned me to say she would no longer be able to discuss my mother, which had me confused, until I learned of the changes to the will.

    May be worth mentioning at this point that my mother was diagnosed with a brain tumour 2 years ago and her decisions can be erratic!!

    The solicitor was made aware of her medical condition when we were awarded POA for my mother, but the solicitor who dealt with my mothers affairs then has now left and a new partner has taken on her affairs.
    We are aware of the changes as my mother has passed the paperwork on to us for safe keeping but given her medical condition we felt the solicitors should have contacted us.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    as above check it out properly.

    if the house was in the residue I don't think it is looking good..

    if it has to be paid you can inject money into the estate to avoid selling the house.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    was the POA awarded by the court or was it considered your mother was able to do it
  • Awarded by the court
  • troubleinparadise
    troubleinparadise Posts: 1,120 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    edited 6 March 2013 pm31 11:22PM
    It sounds as though your mother is quite reliant upon the friend/cleaner; which is not a bad thing in itself, but this relationship may be a little less clear cut now that it has moved on to bequests in a will.

    Do you have concerns about trustworthiness or coercion? And is your mother given to generous gifts or impulsive financial decisions? It may just be that what she needs is greater input either from family, or is finding everyday living more difficult to cope with but not telling you and is relying too heavily on her friend.

    A difficult situation :eek:
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    Awarded by the court

    if you had to go to court to get POA because she was not capable, how could she do a valid codicil?

    £20ph seems excesive.
  • NAR
    NAR Posts: 4,863 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    if you had to go to court to get POA because she was not capable, how could she do a valid codicil?
    I think you need to meet with the solicitor/senior solicitor and raise this with them. The previous solicitor should have made reference to the POA on her file I would have thought.
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