probate??

alifpb66

Hi.
I was POA/LPA and executor for my mum, and i had her will, but 2 years ago she became a bit confused with things (diagnosed 5 yrs ago with dementia) and got my brother to take over everything, he got solicitors involved, even though she has admitted she didnt understand what was happening.
she passed away in december, i have now found out where her new will is, my brother seems to be very slow dealing with things, i have tracked down that her new will is with solicitor, (not in contact with brother) i ve phoned solicitor a few times as i need to sort out mums internment, and money is to come out of her estate. but solicitor wont tell me who the executor is and just said they need instruction from my brother.
i am also concerned that mum has apparently said brother could have her bank account savings, £20k and i believe he is now spending this.:eek
im just at a stand still, any advice would be appreciated.

Margot123

The solicitor should advise you of your Mum's wishes with regards to burial/cremation as you are next of kin.
Be advised though, if you arrange the funeral, you are liable for payment which you can then reclaim from the estate if there is sufficient funds.

alifpb66

thankyou for your reply Margot 123
luckily i knew mums wishes and told my brother, but hes not been incontact since the funeral, hence i had to search for new will, it seems the solicitor is waiting for my brother, who i can only assume is executor now instead of me.
im just concerned i may have to contest the will as it was done while she was a little confused and especially if by brother is taking her cash.

konark

alifpb66 wrote: »

Hi.
but solicitor wont tell me who the executor is and just said they need instruction from my brother.
.

I think the solicitor just told you who the executor is! Or who one of the executors is.

If she was diagnosed with Alzheimer's 5 yrs ago any will made in the last couple of years will be suspect and legally contestable, although this isn't cheap.

Diagnoses of dementia are rarely made in the very early stages and often made when the patient's mental functioning, judgement and behaviour is already impaired to such a point where it is causing concern to the family. So they're pretty much at the point after which legal documents shouldn't be signed.

That said, if she swore the will in front of a solicitor you've got a problem as they have to ascertain the lucidity of their clients.

Can't understand why your brother is so slow to get the will from solicitor if he effectively wrote it.