will challenge and next of kin

sassyblue

onsite71 said:

there's the letter they sent from solicitor. what a pair of girls one is 59 the other 42 and im 50. tragic they think i would steal off my mother. and from a bank that got records of every transaction. i suppose their love for money is more than their love for family, morality and loyalty. i think ive proved my pointy the hard way.

Look.... they have done the correct thing. What you’ve done is highly suspicious and they have every right to be dubious of your actions.

You have not proved any point.  It’s not about their 'love' for money, you are not morally superior to them in any way, where was your 'loyalty' to them in removing £40k of funds and scaring them?  

74jax

I lost my mam in the most horrendous circumstances last year, as did many other thousands of people.
I can 100% see how you can get so confused, emotional and upset that you act out of character, believe me I can. 
But.... The letter they sent is exactly what I would do, you did steal from your late mother.
I had PoA for mam and understand every single penny gets accounted for, but even in my complete blur of when Mam died, I followed the law to the letter. 
You now just have to let it all play out, you say you can prove you haven't spent the money so that's good, but you did unlawfully obtain it.
If you both can't work together as executors - lawfully - you should leave it to your sister. She has to follow the Will, once legality of 'which' Will is decided. 

theoretica

Do you still have the original of the previous will?  That might prove useful as showing that her desires were long-standing and consistent.

elsien

That does have implications for them though, an asset that they can’t realise.
If one of them gets divorced, goes bankrupt, needs to claim means tested benefits, their share of the house will be counted as if they have the money. And if you outlive them, they don’t get any benefit from it at all.  

It’s a very difficult situation for the people not living in the house to find themselves in even when there aren’t queries about capacity and coercion.  And you’re all grieving which doesn’t help anyone to think straight. 

MovingForwards

onsite71 said:

cbrown372 said:

One point in your first post you say, you get to live in the home and the money is split between all siblings. Are you saying you have inherited the house?

a lifes interest no financial gain. they have it when i go.

Life interest is a gain, your siblings don't have access to the property until you die, you may outlive them.

I'm not surprised they're disputing the will and your mom's capacity, based on what you've said and provided copies of. Most people would have.

You've already overcomplicated things by drafting that will, when capacity was questionable. You're going to struggle on your own to resolve this and each time you comment shows you don't see what's wrong.

I urge you to seek legal advice.

cbrown372

onsite71 said:

cbrown372 said:

One point in your first post you say, you get to live in the home and the money is split between all siblings. Are you saying you have inherited the house?

a lifes interest no financial gain. they have it when i go.

of course there is a financial interest, its worth money and you shifted cash about already what if you decide to sell the house?

cbrown372

Managed to read the will posted earlier and in all of my life drafting wills and witnessing will for clients I have never once seen a paragraph suggesting that anyone contesting a will, will be written out of it. No idea where you found the wording for it but big mistake I'd say.

elsien

cbrown372 said:

Managed to read the will posted earlier and in all of my life drafting wills and witnessing will for clients I have never once seen a paragraph suggesting that anyone contesting a will, will be written out of it. No idea where you found the wording for it but big mistake I'd say.

I’m fairly sure I’ve seen a post on here where that was a clause. I think the consensus was that it wasn’t enforceable. 

naedanger

cbrown372 said:

Managed to read the will posted earlier and in all of my life drafting wills and witnessing will for clients I have never once seen a paragraph suggesting that anyone contesting a will, will be written out of it. No idea where you found the wording for it but big mistake I'd say.

Nothing wrong with a no contest clause in itself.
https://www.wilsonbrowne.co.uk/news/personal/how-can-you-stop-someone-contesting-a-will/

cbrown372

naedanger said:

cbrown372 said:

Managed to read the will posted earlier and in all of my life drafting wills and witnessing will for clients I have never once seen a paragraph suggesting that anyone contesting a will, will be written out of it. No idea where you found the wording for it but big mistake I'd say.

Nothing wrong with a no contest clause in itself.
https://www.wilsonbrowne.co.uk/news/personal/how-can-you-stop-someone-contesting-a-will/

naedanger said:

cbrown372 said:

Managed to read the will posted earlier and in all of my life drafting wills and witnessing will for clients I have never once seen a paragraph suggesting that anyone contesting a will, will be written out of it. No idea where you found the wording for it but big mistake I'd say.

Nothing wrong with a no contest clause in itself.
https://www.wilsonbrowne.co.uk/news/personal/how-can-you-stop-someone-contesting-a-will/

Interesting, thank you. I wonder if this clause was in the original will.