Hospital Will

Keep_pedalling

BooJewels said:

I can offer no advice whatsoever, but I'm struggling to grasp how the charities even know about it?

Does a Solicitor not have some sort of duty of confidentiality to a client?  Surely the content of a superseded Will is only between the Solicitor and client.  I know that Wills are on public record after Probate, but the dispute is about the content of an earlier document that hasn't been published, so surely it should be confidential?  Or did the deceased advise the charities in advance and when they found out that he'd passed, wondered where their bequest had gone?

If the the original solicitor believes that the testator did not have the capacity to make a new will or that undue influence may have been applied to make a new one, then he has a duty to inform any party harmed by the change.

The solicitors client was the deceased he / she has no duty of confidentiality with the OP. If There is a possibility that undue influence has been used to benefit the OP then the solicitor’s client’s true wishes may not been kept and the solicitor would be negligent in in looking after the testators interests if they did not flag up their concern.

BooJewels

Keep_pedalling said:

If the the original solicitor believes that the testator did not have the capacity to make a new will or that undue influence may have been applied to make a new one, then he has a duty to inform any party harmed by the change.

The solicitors client was the deceased he / she has no duty of confidentiality with the OP. If There is a possibility that undue influence has been used to benefit the OP then the solicitor’s client’s true wishes may not been kept and the solicitor would be negligent in in looking after the testators interests if they did not flag up their concern.

Thanks for the explanation.  I grasped that the solicitor has no obligation to the OP, but had no idea that they were duty bound to tell parties that might have missed out, if they have doubts as to the validity of any new will.  The details around the making of which seem a tad implausible. 

Solicitors are smart people, so the idea that they'd leave a meeting, unable to understand their client and turn down an opportunity to make their fee (more than usual with two on-site visits, one to draft and one to sign the will), for the want of a paper and pencil seems somewhat out of character.  I think the key is what actually happened in that meeting and I have my own ideas.

dresdendave

My post is not implying any wrongdoing on your part but just asking you to consider how things look from the charities' point of view.

Let's reverse the situation, you are the major beneficiary in your uncle's professionally drafted will. Upon his passing you find out that a few days before his death, he chatted with a hospital visitor who happened to be a cat lover. With her help your uncle then "decided" to draw up a new DIY will leaving all his estate to various cat charities.
 
Would you be challenging this new will?

Bornwild

jasdog said:

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.

I dont want to sound bad or anything, but i am studying to be a nurse and to work in the palliative care ward which is where people stay for the end of life treatment. A person may still have full focus of their thoughts and feelings, normally in cancer patients the end of life signs are loosing control of your bladder and bowels, temp changes, increased sleeping and so on. The problem is when people are at the end of their life most patients will be on a syringe pump which will be adminstering morphine and basiclly a cocktail of drugs to help be more comfortable, due to these drugs people may look up and say that a person may of been not thinking clearly as morphine can make you very sleepy. I am very suprised that a nurse did this for you as i have seen nurses well on my placement, telling patients making DIY WILLs and so on, that it may not stand due to the person being at the end of their life and again my not be thinking clearly.
I myself dont agree with this and believe no matter what part of the dying process a person is at that they should be allowed to make or change a WILL, but sadly i aint the person who makes the law.

GDB2222

People who are dying are definitely allowed to change their wills, and the wills would normally stand up to challenge. Providing that the testator are reasonably clear about what their wishes are and they are not being unduly influenced by relatives. 

sheramber

Marcon said:

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

Which he seems reluctant to accept.

jasdog

It as been 6 weeks since i recieved a  Larke v Nugus letter regarding my late uncle Will i have not yet responded . I have had no further letters from them is this a good or bad sign. Any thoughts please.

GDB2222

I don’t think you are obliged to reply at all, but there are costs implications. You might get a subpoena. Or disclosure may be ordered. Or the other side may do nothing. Who knows? 

Have you instructed a probate litigation solicitor, yet?

jasdog

GDB2222 said:

I don’t think you are obliged to reply at all, but there are costs implications. You might get a subpoena. Or disclosure may be ordered. Or the other side may do nothing. Who knows? 

Have you instructed a probate litigation solicitor, yet?

Probate was granted in Feburary the Will as been dispersed now . It as only taken longer to be finalised because of lockdown etc.

jasdog

I have not instructed a litigation solicitor yet.