Mums will went wrong

getmore4less

makeitstop wrote: »

Yes maybe the sound mind (or capacity as they will refer to it) but I can't see how influence comes into it, unless she was encouraged NOT to sign an amended will by someone who stood to gain from her not doing so.

It's quite scary just how basic a person's understanding needs to be in order to prove capacity to instruct on a will.

dzug1 wrote: »

It's not his job to press clients to do things - to advise them of the consequences, yes. but not to force them to do something they don't want to do


Sadly I think you are the victim of yourmother's (possibly understandable) indecision - not of any bad solicitor or relatives

Primary carer during end of life management.


new will would remove 50% of the legacies of the siblings and give the primary carer the residual.


any attempt by the OP to encourage the signing had they known would be influence.




no one here know the situation but one thing for sure any legal fees if there is a dispute will swallow the estate.

getmore4less

Lets look at the potential for another newer will that may or may not of been found and destroyed.


For it to be valid this would need to be signed and witnessed(at the same time).


Who would mum have used to witness the will if the solicitor was not available.


In the absence of anyone suitable or available then the chances of a newer valid will are remote.

Ronin1978111

getmore4less wrote: »

Primary carer during end of life management.


new will would remove 50% of the legacies of the siblings and give the primary carer the residual.

What do you mean?

My wife and I cared for especially in the last 2 years of her life and I cared for her during her last week of life.

dzug1

Ronin1978111 wrote: »

What do you mean?

My wife and I cared for especially in the last 2 years of her life and I cared for her during her last week of life.

That if you as primary carer persuade the testator to change their will in your favour then it might be regarded as undue influence, thus invalidating the will. Difficult to prove, difficult to disprove

Ronin1978111

dzug1 wrote: »

Sadly I think you are the victim of your mother's (possibly understandable) indecision - not of any bad solicitor or relatives

I would've been the last person she would forget about, that's why I believe that she was poorly advised. I also see with hindsight that my mums cognitive problems which presented in the last two months were probably present when she did the signed will in February!

Her friend told me that my mum had asked her to buy four will kits in March and I know she made a mistake with my address on one of them. Any of these May have been signed but they are nowhere to be found.

I did find the remnants of one in her shredder.

As for family members, they would definitely destroy/take a valid will on the off chance that that was the only one, knowing that the rules of intestancy would apply. They would've known that she would leave them very little if anything.

Her indecision rose from feelings that they were children and she loved them no matter what but also being continually betrayed and stolen from.

dzug1

getmore4less wrote: »

Lets look at the potential for another newer will that may or may not of been found and destroyed.


For it to be valid this would need to be signed and witnessed(at the same time).


Who would mum have used to witness the will if the solicitor was not available.





In the absence of anyone suitable or available then the chances of a newer valid will are remote.

Clutching at straws?


If such witnesses are found you then need to establish what was in the will (the witnesses do not have to have seen the contents and if they did may not remember that accurately) and prove it was destroyed maliciously. Your mother may well have torn it up herself if she changed her mind and was going to make another one.

As for family members, they would definitely destroy/take a valid will on the off chance that that was the only one, knowing that the rules of intestancy would apply. They would've known that she would leave them very little if anything.

How do you PROVE that? You may (think you) know it but that really isn't enough

Ronin1978111

dzug1 wrote: »

That if you as primary carer persuade the testator to change their will in your favour then it might be regarded as undue influence, thus invalidating the will. Difficult to prove, difficult to disprove

Oh I see. If that was the case this thread would not exist.
All I ever asked was whether she had done her will properly but did not want to pester her. I knew the gist of her wishes and always knew that I would be the main beneficiary.

For me, this mistake will no seriously affect my life but I would have nothing as long as the scumbags got nothing.

dzug1

Ronin1978111 wrote: »

Oh I see. If that was the case this thread would not exist.
All I ever asked was whether she had done her will properly but did not want to pester her. I knew the gist of her wishes and always knew that I would be the main beneficiary.

.

That's a reasonable question to ask her - but that's not to say others might suspect that you could have been more forceful

Ronin1978111

Is there any way I can make this situation better for my self? To salvage something? I have paid things out of my own money, like death certificates etc. I also have to drive 40 miles to my mums town when going to my house.

All of this, I would've been happy to do but now her wishes will not be honoured I feel I am doing it for my siblings benefit. They were happy to sit back while others cared for my mum and will be happy to let me do all of the work to benefit them.

I knew her final wishes but the law is the law, I can live without the money. The most bitter pill to swallow is the fact that the scum will get what she didn't want them to have.

That will always upset me.

getmore4less

Get the solicitors to do the admin and put a claim in for your expenses.

Mileage from date of death at 45ppm.