Hospital Will

GDB2222

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.. He wanted to spend last weeks making all his final arrangments.

That’s all very helpful, but I think it might be helpful to get a witness statement sooner rather than later. Probably that will mean getting a solicitor to act for the beneficiaries now, so as to head this case off.

Even if the charities accept that your uncle was of sound mind, the other attack they can make is to allege that you brought undue influence to bear. That could be hard to refute, given that you did the will yourself and the solicitor's testimony. 

I really don’t think you should deal with the enquiry letter yourself. Not what you wanted to hear, I’m sorry.

jasdog

Thank you for your interest. You make some good points. Re witness statements are you refering to the people that were witness to the will signing or the hospital staff that were caring for him whilst in hospital.

GDB2222

I meant the hospital staff who were caring for him. 

However, my guess is that the charities may have a go at undue influence, as he may well have been sound of mind.  Depending on the relationship between you and your uncle at that time, there could possibly be a presumption of undue influence, which means that you would have the evidential burden of disproving it.

Assuming this is a substantial estate, you’re better off getting professional help now. ,

Mojisola

Keep_pedalling said:

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

If they were discussing his health needs with him and accepting that he was compos mentis enough to make his own decisions about that, he could make his own decisions about other matters as well.

jasdog

Thank you i will be seeking professional advice very soon . I needed a few days to understand the full meaning of the letter, and would like to find someone who could reply in such away that it would put them off pursuing this matter further but i needed to be aware of the full implication of the letter, and this forum as helped understand it more.

jimbo6977

Nothing will put them off. They will always (mis)use the provisions of the law to keep themselves in £250,000 salaries. Get a brief ASAP. 

jasdog

Thank you thats the impression i am getting.

sheramber

You need to get somebody who has experience in cases where a will is  contested.
This will cost money which will come out of the estate thus reducing the inheritance.
You may find the charity  offer to  'settle out of court' depending on how strong they feel their case is. This saves both sides  potential costs.
That is why you need proper advice.

Marcon

sheramber said:

You need to get somebody who has experience in cases where a will is  contested.
This will cost money which will come out of the estate thus reducing the inheritance.
You may find the charity  offer to  'settle out of court' depending on how strong they feel their case is. This saves both sides  potential costs.
That is why you need proper advice.

Which is exactly what OP has already been told https://forums.moneysavingexpert.com/discussion/6150312/larke-v-nugus-letter-response#latest

Brynsam

jasdog said:

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 drafting a new diy will with 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.

You'll have a real struggle refuting the undue influence accusation. If as you suggest the solicitor 'could not understand your uncle', there was nothing to stop your uncle either writing something down, or calling for help in expressing himself. The fact that you made the new will, the will has been altered only in your favour (no mention of your brother and cousins getting an increased share) and you are now the executor will be ringing loud alarm bells in all directions. If I were advising the charities I'd certainly be suggesting they contested.