unfair will

rocky1996

Its a long story but our mum has passed. she was cared for by a sibling for many years. The siblings in question prevented other siblings from having regular contact and also our mums sibings. Because of this controlling behaviour we are very suspicious of her influence on our mum and the will. The new will is so far removed from our fathers will which he would have discussed and agreed with our mum eg the whole 1/2 million house and contents left to our youngest sibling. She never provided accounts to the other POA we suspect funds were used without our mums consent nor that of the other POA.EG £3000 on a solicitor to stop another family member being a joint health care decision maker. She wanted full control of everything. She didnt even inform her siblings of our mums death in person but by email. She had the body removed from our mums  home before any of us could see her .3 siblings were within a 30 min drive she took that from us as well. What can be done if anything it seems so unfair that she has been left with a large 4 bedroom house .  She is an alcoholic has some deep mental issues which explains but does not excuse her control over our mother i was  not allowed / prevented from seeing my mum for years as were my other siblings  I could only speak to her via an agreed zoom meeting. Would a no win no fee solicitor be the way to go or is it  a lost cause. We certainly believe she was controlling and that she has used funds without our mums knowledge or seeking permission from the other POA.

TBagpuss

I am sorry for your loss.

If your sibling did misuse the POA then it's unlikely that this would now have much practical relevance as, if she is also the beneficiary its imply means that her inheritance is lower than it would have been. It doesn't sound as though you are alleging that your mum was deprived of things she needed as a result.  Paying for legal advice about implementing the POA would probably be a reasonable use of funds.

Undue influence is tricky to prove - have you seen the will? Do you know whether it was prepared by a solicitor? 

Why do you feel it is unfair? It sounds as though your sibling was your mum's carer for a number of years and that your mum then left her the house.

Had you or your other siblings taken any steps to raise concerns about her use of the POA or about her restricting access to your mum, when your mum was alive? e.g. speaking to social services, taking legal advice, contact with the OPG? What was the outcome? 

naedanger

You would need to speak to a solicitor specialising in contentious probate. 

Some firms will work on a no win no fee basis for such cases. However be wary of going with such firms - some have a bad reputation e.g. their fees can be very large if you were to win, of if you mislead them in any way (possibly unwittingly) you may be liable for their fees even if you lose.

That said, from what you have written, my own view is that it is probably a lost cause. Having only suspicions or beliefs is not going to be enough to overturn a will. You are likely to need a lot of good quality independent evidence.

Marcon

rocky1996 said:

Its a long story but our mum has passed. she was cared for by a sibling for many years. The siblings in question prevented other siblings from having regular contact and also our mums sibings. Because of this controlling behaviour we are very suspicious of her influence on our mum and the will. The new will is so far removed from our fathers will which he would have discussed and agreed with our mum eg the whole 1/2 million house and contents left to our youngest sibling. She never provided accounts to the other POA we suspect funds were used without our mums consent nor that of the other POA.EG £3000 on a solicitor to stop another family member being a joint health care decision maker. She wanted full control of everything. She didnt even inform her siblings of our mums death in person but by email. She had the body removed from our mums  home before any of us could see her .3 siblings were within a 30 min drive she took that from us as well. What can be done if anything it seems so unfair that she has been left with a large 4 bedroom house .  She is an alcoholic has some deep mental issues which explains but does not excuse her control over our mother i was  not allowed / prevented from seeing my mum for years as were my other siblings  I could only speak to her via an agreed zoom meeting. Would a no win no fee solicitor be the way to go or is it  a lost cause. We certainly believe she was controlling and that she has used funds without our mums knowledge or seeking permission from the other POA.

Why did none of you insist?

rocky1996

Yes it was and where all 6 siblings were equally cared for the new updated will removed 3 completely and this was certainly not my fathers wish so it was a complete shock to all involved. My younger sister has perhaps not acted illegally but to deprive the siblings access to our mum for years is deplorable. It was clear to all family members and has caused deep upset through out not just siblings but our mums brothers and sisters from having any contact is shameful and coercive. She threatened her brother with harressment charges when he tried to  Her over powering influence over our Mum was evident but despite trying to go through mediation social services etc nothing ever changed. On the front mums needs were met. But Our sibling is and was unstable injuring herself after drink binging and having to be taken to hospital while caring for our mum. Middle of the night drunken phone calls to our eldest sister. We no way disagree with her having a larger sum to enable her to purchase a home of her own but everything seems so unfair when the other siblings would benefit so much from that who are struggling. Locking the front doors and pulling the curtains on any visit attempt her behaviour has been outrageous.  

wilfred30

Playing Devil's Advocate here but how hard did you and your other siblings try to see your mum?

As you say it has been years, that's obviously pre-Covid and the lockdowns so that can't be the reason.

I only mention it as it could be that your sibling will use that as a reason for your mother changing her Will in her favour if you challenge it.

In any event, a Will doesn't have to be 'fair' especially if the children who have been left out were not financially dependent on the person making the Will.

Bolt1234

I honestly think its far too late to bring this up.  When you say others in the family are more deserving?  What about leaving all your money to a worthy charity?  You cannot judge what other people do with THEIR money 

Pennylane

If your youngest sister did all the caring for your late Mum and she decided to leave everything to her then I can’t see what the problem is.  If the rest of you had not tried to see her for several years then maybe she thought you had washed your hands of her.  

Marcon

rocky1996 said:

My younger sister has perhaps not acted illegally but to deprive the siblings access to our mum for years is deplorable.

She threatened her brother with harressment charges when he tried to  

Why did you let her?

Why did your brother meekly back down when threatened with something which was never going to hold water, even assuming she tried to bring charges against a man trying to visit his own mother?

2021Horsforth

 with regard to the  OPG?  They are a complete farce - We went to them with regard to vast monies going out of mums account.  But they would not furnish us with the information - Basically they quoted the Data Protection !!!  I am not sure what the purpose is for this organisation as how would they know if monies have been misappropriated.  They are just relying on the other person to give info.- but who checks that this in infact "TRUE" expenditure

SevenOfNine

Why didn't the other holder of POA investigate finances while mum was alive, clearly one was acting severally, so could the other!

Presume it was both types, finance & health. I'm afraid it seems like they were perhaps remiss in their responsibility & left the other POA to manage the affairs alone, probably regretting that now.