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Mother Recently Passed

Hello all.  I was hoping that somebody might be able to assist with some practical pointers on the situation detailed below.
My mother passed last week after a long and protracted illness where she also had advanced dementia.  My sister had Power of Attorney and now will not engage with me in any shape or form.  The original intention was for my mothers estate (including house) to be split 3 ways between my sister, me and my step sister.  I believe that the Will may have been manipulated by my sister after the diagnosis of dementia so that she inherits the whole property (I believe that she has been making renovations to the property prior to taking possession as she is the only one of the 3 of us who lives in rented accommodation).  I have no idea who is the Executor of the will and of course she will not engage to give me any information other than when the funeral will be.  She has made it clear that will be the extent of the information that I will get and that she will not engage further with me.

Is there any way I can find out who the Executor is and of course if the will has been changed post dementia will I be able to challenge it.  Additionally I would like to stop her moving into the house to prevent any worsening of the situation.  Any advice is greatly appreciated.

Comments

  • xylophone
    xylophone Posts: 45,753 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 8 September 2020 at 9:21AM
    If the property stands in the sole name of your late mother, probate will be required to make any changes to the Register.

    Given your concerns about the possible manipulation of the will, it might be an idea to obtain advice from a solicitor concerning entering a caveat?

    https://www.gov.uk/stop-probate-application

    However, it may be the case that your mother gave the matter some thought while she still had capacity and decided that as your sister did not own a property, she should be left the house?
    Or she might have been left an "interest in possession" in the house?

    With regard to moving into the property, I do not see how you can prevent this.

    If she is the named exor, she might take the view that it is better for the house to be occupied while probate is in progress - if she is not, then the actual exor might take this view.

    Her PoA ended with the death of your mother - if she is not the named exor, then she needs to hand over control to the named exor.







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