Hospital Will

Linton

jasdog said:

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 .

Charity trustees have a legal duty to ensure that the charity gets the money it is due. Anyone who has reason to suspect that a will may have been altered fraudulently to their disadvantage has a right to ask for information and take court action.  Charities are no different in this respect to you or me.

Keep_pedalling

It is not just charities, if I was a beneficiary of a will that was changed so close to someone’s death, and found out a solicitor had refused to do it I would also be making a challenge.

jasdog

Charities aren't family or individuals the large charities are corporate enterprises who are bullying a individual into coming to some agreement just because they have resources to do so. How is money due to them just because they were named in will that can be changed at anytime.

Mojisola

jasdog said:

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 .

No, it doesn't.

I still don't understand how the charities know unless your uncle's solicitor told them.

If my solicitor passed on to charities the information that I have named them in my will, I'd be furious.  If it happened after my death, I'd expect my beneficiaries to be equally cross. 

Keep_pedalling

jasdog said:

Charities aren't family or individuals the large charities are corporate enterprises who are bullying a individual into coming to some agreement just because they have resources to do so. How is money due to them just because they were named in will that can be changed at anytime.

Yes a will can be changed any time, it can also be changed through someone applying undo influence to benefit themselves at the expense of previous beneficiaries. The charities have a duty to maximise their income so they cannot ignore the possibility that some of that income has been lost do to some someone taking advantage of a vulnerable testator.

If the original solicitor has informed them that in their opinion the testator  was not capable of making these changes then they will have a very strong case.

The fact that this was a DIY will drafted by the main beneficiary makes this harder for you. 

Mojisola

jasdog said:

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..

jasdog said:

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 .

I would have thought the medical staff's evidence would hold more water than a solicitor's viewpoint.

Sea_Shell

Was it the case that the solicitor just didn't have the patience, or time, to sit with him, if he was struggling to communicate, and gave up!?

You however were patient and allowed him to convey his wishes, at his pace, taking the time needed to get everything in order?

Is that a fair summary?  

jasdog

Thank you The solicitor put us in awkward position he stressed my uncle out with his lack patience my uncle was desperate for his help . The solicitor totally misread the situation.

Keep_pedalling

Mojisola said:

jasdog said:

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..

jasdog said:

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 .

I would have thought the medical staff's evidence would hold more water than a solicitor's viewpoint.

The medical staff were treating him were cancer specialists it does not make them expert an  witness on on someone’s mental capacity.

jasdog

Keep_pedalling said:

Mojisola said:

jasdog said:

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..

jasdog said:

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 .

I would have thought the medical staff's evidence would hold more water than a solicitor's viewpoint.

The medical staff were treating him were cancer specialists it does not make them expert an  witness on on someone’s mental capacity.

Actually they were end of life care nurses well used to people facing terminal illnesses that affect the body not the mind . They happily went and found two medical staff from another ward to witness the signing of the new will because they were fully satisfied of his capacity and knowledge of what he wanted to do regarding a new will.