update

Savvy_Sue

the difficulty with the scribbled notes is that you probably can't prove that you weren't there encouraging him to scribble out his son's name.

Has your solicitor written to his solicitor enclosing a copy of that letter? I would refer to it with any offer.

freda11

He scribbled a few things out, but i understand what you mean. His solicitor knows about the letter. I dont think we are going to make a further offer, we are going to go straight for mediation.

esmy

I trust the son was charged an appropriately large sum for that maybe/maybe not report.........

freda11

I dread to think what it cost him, the guy is high up in his profession reading from his introduction, and there was 20 pages, detailing dads medicine and quotes from his medical notes. Lets hope it cost,a few quid and it was all for nothing! He can wait for us now we are going away for 2 weeks then when we get back hubby is working away for 3-4 weeks, so it will be end of october at least before we reply to him. He made us wait 5 month, tit for tat but hey!

freda11

Well I have finally blown with the solicitor. He is badgering me to go to mediation (which I will) and is coming across that our case has flaws. I am well aware nothing is 100% guaranteed, but I do need him to be a bit more 'on my side'. So now its going to cost anything up to £3500 to mediate, great, money just grows on trees!! I asked him what the point was for dad to employ one of their solicitors to arrange a Will only to be told months later that there is flaws! Stinks to me that the solicitor who undertook the will did not do his job right!! He couldn't even give me a ball point figure as to what he thought would be a good acceptable offer to make to rid this parasite once and for all!

SuzieSue

freda11 wrote: »

Well I have finally blown with the solicitor. He is badgering me to go to mediation (which I will) and is coming across that our case has flaws. I am well aware nothing is 100% guaranteed, but I do need him to be a bit more 'on my side'. So now its going to cost anything up to £3500 to mediate, great, money just grows on trees!! I asked him what the point was for dad to employ one of their solicitors to arrange a Will only to be told months later that there is flaws! Stinks to me that the solicitor who undertook the will did not do his job right!! He couldn't even give me a ball point figure as to what he thought would be a good acceptable offer to make to rid this parasite once and for all!

Yes, from what you have said, I am not sure how competent your solicitor is. The one that was acting for my friend's relatives was 100% behind them even though it was obvious to anyone that they were lying. They also gave my friend 14 days to reply to their letters and were very aggressive unlike your solicitor.


Not sure if it is worth seeing another solicitor at this late stage, so you're in a difficult position.

Bantex_2

Was the will changed fairly close to the time of death?
If so why?

freda11

It was changed a year prior to death, and it was changed as dad tried to make contact with son and son refused. Son fell out with dad over 15 years ago. Dad was diagnosed with cancer and wanted his affairs in order.

RAS

So

Donor recently diagnosed. Sufficiently compos mentis to try to make contact? All the signs of someone who has lost this mental capacity? or not.

Responds to rebuffal by changing will. All the signs of someone who has lost mental capacity?

Motivations understandable? Think so.

I would suggest that you agree to mediation provided son pays the cost.

The trouble is the courts like mediation so outright refusal does not look good.

It may be that allowing son to express his hurt directly to you will help him move on.

freda11

Thanks RAS. We have agreed to mediation as like you say it looks good to the court. Do you think we should say we agree as long as he pays costs? Our solicitor just wrote to say costs would be in the region of £2-£3k and split 50/50. I quite like the idea of making the son pay!!


the father who apparently lacked mental capacity but was able to add a letter to the will explaining why he was being left out, amazingly as of yet neither the son or his solicitor has mentioned this letter!


the father who apparently lacked mental capacity but was able to read, digest and understand the disgusting and threatening letters the son sent him after 'discovering' his father had changed his will, giving his father nightmares and upsetting him dreadfully!