Will access dispute.

Danny30

Hi, I would like to ask for some advice on behalf of someone I know. His mother is 82 years with dementia and she has been in a care home for the last few years. The person I know trusted his brother to help his mother to write the will and keep hold of it a few years ago. Now recently he has asked his brother to see a copy of the will and his brother is suddenly not responding to any of his messages. It feels very suspicious and I feel a bit bad for my friend as he lived with his mother till the age of 51 and took care of his mother for many years by himself before she was taken to the care home. I have a feeling that his brother may have influenced and coerced her with the will, otherwise why would he be ignoring his messages suddenly.

I wanted to ask if my friend has any rights of gaining access to the will? and what rights would he have if when the time comes there is an issue with the contents of the will?

g6jns_2

Danny30 wrote: »

Hi, I would like to ask for some advice on behalf of someone I know. His mother is 82 years with dementia and she has been in a care home for the last few years. The person I know trusted his brother to help his mother to write the will and keep hold of it a few years ago. Now recently he has asked his brother to see a copy of the will and his brother is suddenly not responding to any of his messages. It feels very suspicious and I feel a bit bad for my friend as he lived with his mother till the age of 51 and took care of his mother for many years by himself before she was taken to the care home. I have a feeling that his brother may have influenced and coerced her with the will, otherwise why would he be ignoring his messages suddenly.

I wanted to ask if my friend has any rights of gaining access to the will? and what rights would he have if when the time comes there is an issue with the contents of the will?

Until the person dies nobody has any right of access to it. After that nobody has any right of access until probate is granted when it becomes a public document.

RAS

If mum has dementia, who has Power of Attorney or deputyship now?

Danny30

RAS wrote: »

If mum has dementia, who has Power of Attorney or deputyship now?

I'm not sure, I will find out and get back to you later on.

jane107

Nobody other than the Will maker has the right to see a Will until the death of the Will maker save for someone acting under a Power of Attorney or Deputyship.

On the death of the Will maker, the executors have the right to see the contents of the Will. Beneficiaries do not need to have their entitlement disclosed to them immediately.

Bear in mind that a Will becomes a public document once Probate has been issued and anyone can apply to the Probate Registry for a copy (at a small fee).

If your friend wants to contest the Will then in practice there are three main grounds for doing so: - 1. lack of mental capacity; 2. undue influence or pressure or 3. Claim under Inheritance (Provision for Family and Dependents Act). If the Will was prepared by a solicitor, all of these potential points will have been raised with the Will maker and should have been accordingly safe guarded. You cannot make a claim until the Will maker has died.