Mother died before she got to change her will, what can I do?

Brighton_belle

Errata wrote: »

The bottom line is that the OP's mother asked them on several occasions over what appears to be a period of 10 months to take her to a solicitor so she could make a new will and the OP refused to do so.

And this is where the free will in November month is very dangerous and only MSE if it is already November when you realise you need to do one. Don't wait six months to write a will just to get it cheaper!

madbadrob

Errata wrote: »

It was the OP

I stand corrected although thats not an outright refusal (just to get some credibility back )

Rob

Mojisola

madbadrob wrote: »

I stand corrected although thats not an outright refusal (just to get some credibility back )

Rob

True - if this was all part of a plan for the OP to get an inheritance, Mum would have been at the solicitors the first time she suggested changing the will!

galante_inc

Sorry to say if nothing is in black and white, then the original will stands

Anyone can claim the person said this or that but you would have to prove this in a court of law... and it will cost you a lot of money to do this

madbadrob

galante_inc wrote: »

Sorry to say if nothing is in black and white, then the original will stands

Anyone can claim the person said this or that but you would have to prove this in a court of law... and it will cost you a lot of money to do this

Has I have said elsewhere even a will can be declared wrong where a child has been left out of it. The costs if you win subject to the court agreeing can also be taken from the estate. That said I agree the costs would be significant unless you were to do a lot of the work yourself

Rob

rpc

ELC wrote: »

Practically the argument means a share of the estate was held for the person who was made a promise, and could not therefore be disposed of by the deceased's under their will or otherwise.

And the person claiming estoppel MUST have acted to their detriment based on that promise. In the case you cite, the claimant worked without pay for several years.

Where is the detrimental act in OP's scenario?

ELC_2

rpc wrote: »

And the person claiming estoppel MUST have acted to their detriment based on that promise. In the case you cite, the claimant worked without pay for several years.

Where is the detrimental act in OP's scenario?

It isn't clear but then, the information provided is very limited. I've simply highlighted something that OP might want to look in to as she knows her situation best.

I wouldn't suggest someone didn't have a claim without knowing all the facts, just trying to help the OP understand her situation a little more.

madbadrob

ELC wrote: »

It isn't clear but then, the information provided is very limited. I've simply highlighted something that OP might want to look in to as she knows her situation best.

I wouldn't suggest someone didn't have a claim without knowing all the facts, just trying to help the OP understand her situation a little more.

Actually it was very clear if you read the other cases that were cited in the piece. Granted I have a little legal knowledge in this area which probably made it easier for me.

As RPC states for the OP to use Estoppel she would have to have deprived herself for a period of time based on the promise. From what the OP has stated this is not the case and therefore the courts would probably decline to change the terms of the will based on Estoppel

Rob

christmas_carole

Mojisola wrote: »

True - if this was all part of a plan for the OP to get an inheritance, Mum would have been at the solicitors the first time she suggested changing the will!

Exactly!!!! I could have popped her in my car and had her there in 10 mins, I was thinking of my sister and I didn't want to upset her and also morally I thought it wasn't right.

I would have liked to have had my Mam around for a lot longer, we had a magical 10 months together making up for lost time and were very close again when she died sudddenly.

Now I wish I had discussed this openly with both Sister and Mam and we could have done what Mam wanted openly and without bad feeling. I know my sister would not have been happy and I totally understand/understood that, now it looks like we may never have a relationship again so I was damned if I did and damned if i didn't,

christmas_carole

Brighton_belle wrote: »

And this is where the free will in November month is very dangerous and only MSE if it is already November when you realise you need to do one. Don't wait six months to write a will just to get it cheaper!

Totally true, sadly I was trying to save her money!!!! she'd decided on the Cancer Research Charity and wanted to do it through them leaving them an amount in her will as a donation when she died. Never thinking it would just be weeks later.