Hospital Will

jasdog

Hi i have read your advice on will disputes on the forum . Can i ask your advice on my situation i am executor and main beneficiarie to my late uncles will . Whilst in hospital my uncle wanted to change his will . We asked the solicitor who drafted his old will if he could come to the hospital and discuss my uncles request. The solicitor visited my uncle and had a meeting which was private between them both. The solicitor could not seem to understand my uncle who had throat cancer . The meeting resulted in my uncles wishes not been acted on . So to move things on my uncle agreed to me getting a new diy Will to include his new wishes . He signed a letter informing his solictor he no longer required his services . The new drafted will was signed and witnesed by two medical staff who were not involved in his care . He had full capacity and knowledge of what he was doing . The change to the will was to remove several charities who were to recieve the residue of the estate after bequests were paid to me my brother and 2 cousins who still remain on the new will. His new will was granted probate in February . I have now recieved a Larke v Nugus letter from a firm of solicitors who say they are representing the charities that were named on the old will. The letter also mentions my contact with the solicitor who drafted the old will and the fact that my uncle was in hospital at the time when the new will was drafted . My uncles new will were his last wishes made because that was what he wanted . My uncle was still driving his car a week before he went into hospital and had full capacity up to the day he passed away about 3 weeks after he made his new will. My question to you his how should i respond to the Larke v Nugus letter. The will is close to been dispersed to the named beneficaires i have read that 21 days to respond to the letter is acceptable. Thank you if you take time to read this and reply with your thoughts.

74jax

Why do the solicitors believe the new will isn't valid? 

jasdog

74jax said:

Why do the solicitors believe the new will isn't valid? 

Because they say it is drastically differs from the old will by leaving off the 7 major charities who stood gain 80% of the estate value. Also because of my uncles illness he may not of had capacity. 

Tigsteroonie

The solicitor who visited your late uncle in hospital, whilst he may not have been able to understand the specifics of what your uncle was trying to say, did he have an opinion on your uncle's capacity?

jasdog

Yes as the solicitor left i asked if he was able help my uncle he said its all done i asked what had been done he said you will have to discuss that your uncle . The solicitor was alone with my uncle for about 5 minutes . When i discussed it with my uncle the solicitor had agreed only to make me a executor . The old will only had the solicitors has executors even though i am next of kin. I can only assume the solictitor was happy with my uncles capacity.

GDB2222

A few random thoughts.

The request for information is just that. They want you to justify that the will was valid. Then they will decide what to do. It seems that your OP pretty much covers your position, although I would hope that one of the doctors treating your uncle would be able to testify as to his soundness of mind.

The fact he was driving before he went to hospital is not all that relevant, as he may have received a lot more painkillers once he was receiving full time care. 

I’m afraid that you may have a bit of a fight on your hands. I suggest that you treat the request very seriously and try to get the medical evidence straight away. 

jasdog

Thank you my uncle was of very sound mind he made is wishes very clear and was frustrated by the solicitors visit. Whilst in hospital he refused any medical intervention that would cause him not have full capacity . We were told on several occasions by medical staff that my uncle had full capacity and they would respect his wishes not to intervene with treatment that could affect his capacity he was  not on any painkillers etc.. He wanted to spend last weeks making all his final arrangments.

Keep_pedalling

Under the circumstances you should prepare for a long expensive fight, and there is a reasonable chance you will lose. The fact that this was a death bed will drafted by the major beneficiary after the testator’s solicitor refused to do so, presumably because he/she did not believe the OPs uncle was in a fit state to do so.

jasdog

I understand your point but what could he/i have done the  solicitor visited Friday evening my uncle thought he might not be around for much longer . How can a 5 min visit be enough time to establish his new wishes my uncle was fully prepared to spend much more time with him to discuss his wishes . Surley a physical condition dosn't exclude you from been able to change your will his last will was dafted 5 years ago alot had changed in his life.

wilfred30

Hell hath no fury like a charity scorned 

Sorry, that's not a helpful comment I know but just saying 'be warned', I think you will have a fight on your hands.

jasdog

Does naming  to a charity in a will form some kind of a contract . All my uncle did was change his will after 5 years. Why do charities have a right to demand information and make threats of court action .