Father's Will changed under duress

DIYGirlz

My father amended his Will in 2016 in favour of his carer. I only just found this out, as my father recently passed away. I had raised concerns about the carer prior to the Will being changed. I spoke to my Father's lawyer, family members and GP about the carer's attitude, conduct and integrity. A few months before my father died, he told me he felt vulnerable and intimidated and was being bullied by the carer.
The carer had the nerve to attend my father's funeral and told me she was there to ensure that I knew she was hanging around to get what "I'm rightfully owed".
Can I challenge the Will. This is in Scotland.

Marcon

You don't say whether the carer inherits everything, but if the will says that and you are in Scotland, you can certainly claim your 'legal rights' (ditto any other children your father had).

DIYGirlz

No it's only a proportion that's been left to the carer however this should go to fund my mother's care (I have PoA over her finances as she has dementia) so in my view, anything which takes away from the money I believe should go to my mother, is wrong, especially as I believe the change was made by coercion and manipulation.

Margot123

Firstly, I am sorry for your loss.

What documentary evidence do you have that the carer was conducting themselves wrongly? This would include written witness statements, audio/visual recordings etc.

Without this, it is hearsay, and your word against theirs, sadly.

Flugelhorn

interesting to know who drew up the new will and if they have any notes - also who the witnesses were

DIYGirlz

I have/can obtain witness statements; I also have an audit of inappropriate financial transactions. I think I'm answering my own question, as I write, but should this also become a police matter?

Brynsam

DIYGirlz wrote: »

A few months before my father died, he told me he felt vulnerable and intimidated and was being bullied by the carer.

What action did you take in relation to this comment?

Have you spoken to the witnesses present when your father signed the will?

Probably one for your lawyer rather than speculation on this site.

Margot123

Brynsam wrote: »

What action did you take in relation to this comment?

Have you spoken to the witnesses present when your father signed the will?

Probably one for your lawyer rather than speculation on this site.

Exactly this.

Only a solicitor will be able to advise if there has been any wrongdoing, and if you have sufficient evidence to prove it.
It may be a civil matter, or criminal matter, depending on the weight of the evidence, and the intent of the carer.

TBagpuss

You need to speak to a solicitor who deals with contentious probate.

Whether or not it is a police matter will depend on exactly what happened. Putting pressure on someone to sign a will probably wouldn't meet the bar for criminal behaviour, however, it may give you grounds to challenge the will if you can prove it.

What steps did you take while your dad was alive to change the carer?