Executor problems

Legacy_user

My Mother is a beneficiary in a her mothers Will and she has Alzheimer’s so therefore it’s difficult for her to understand certain information. My mothers sister ( who is the executor) and her husband turned up with a letter for my mother to sign something to do with the Will, I’m not sure what it was about. My father told them my mother wasn’t signing it as they weren’t sure what she would be signing( they are very unreasonable people). My mothers sister then began trying to coax my mum into signing the form before my dad shut the front door. The husband of the sister then banged on their door for 10 minutes telling them it had to be so signed whilst shouting abuse. Does anyone know what the form could be and why they would need my mothers signature when there are 3 beneficiaries and the 3rd hasn’t been contacted for a signature. I don’t trust the executor at all as they won’t show us a copy of the Will or tell us which solicitor they are using. It’s just an awful situation and I feel my Mother is being taken advantage of as she has an illness.

Mojisola

Arty39 wrote: »

My Mother is a beneficiary in a her mothers Will

My mothers sister ( who is the executor) and her husband turned up with a letter for my mother to sign something to do with the Will

Does anyone know what the form could be and why they would need my mothers signature when there are 3 beneficiaries and the 3rd hasn’t been contacted for a signature.

They could be trying to get your mother to sign away some (or all) of her inheritance through a deed of variation.

Does anyone have power of attorney for your mother?

System

That had crossed my mind. No my father hasn’t got round to sorting it out unfortunately but we are trying to at the moment. It would have been so much easier if we had power of attorney in dealing with this Will issue.

Linton

Does your mother have the mental capacity to make financial decisions? This is important legally. If you thought she does not this would need to be certified by someone suitably qualified. Do you have Power of Attorney for your mother? If both these conditions are met you would have the authority to sign (or not) the document on your mothers behalf. You would make that decision purely on what was in her best interests.

System

We are going through the process to find out if she has mental capacity by her being assessed by her Doctor.

Keep_pedalling

Arty39 wrote: »

We are going through the process to find out if she has mental capacity by her being assessed by her Doctor.

If she has already lost to much mental capacity then you will need to apply to the court for deputyship. Please make sure that you and your father don’t put off doing your own LPAs until it is too late. Deputyship is long winded and expensive compared with putting LPAs in place.

Ask your aunt for a copy of the document they want signing, and if she won’t supply it then you know 100% she is up to no good.

System

Yes I fear my mother has lost too much mental capacity and we will then have to apply to the court for deputyship. I am awaiting a phone call from the solicitor that is dealing with the Will as we want no more contact with the executor (mums sister)as they are using bullying tactics and will do everything through the solicitor direct. I will find out what the form is from the solicitor.

System

Every time we ask her anything she gets on the defensive and we don’t get our answer. It’s a sorry state of affairs and I can’t get my head around it tbh.

Mojisola

Arty39 wrote: »

I don’t trust the executor at all as they won’t show us a copy of the Will

If the executors have got probate, you can buy a copy of the will.

System

Yes I am aware and I intend to but probate hasn’t been granted yet.

Savvy_Sue

It is possible that your Mum might have capacity to sign the LPA forms at some times, but not at others. So it's worth considering when and where she is at her best, mentally, before arranging for assessment.