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will challenge and next of kin

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Comments

  • sassyblue
    sassyblue Posts: 3,793 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    onsite71 said:

    nae danger i have to say that is the best paragraph I have read concerning the situation. thank you very much indeed.
    i do honestly think now im reflecting that there has been a conspiracy between my sisters. to be so negative and the way in which they treated our mother i dont think I'm going to get fair treatment from them. what it boils down to as well is the younger sister who was favoured more which is understandable and i have no issue with. but since she has had her own children she has little by little been disrespecting her mother to the extent of saying don't you speak to me like that in front of my children and then phoning the next day demanding an apology off my mother. i have been good throughout my life to both sisters and are both willing to take this matter to court

    i think myself with the evidence I have court would suit me better especially as i can catch them out in lies should the need arise. 

    there is no need to be building a case against anyone or anything in my opinion. 

    looks like i will have to be the one to walk away from what my mothers wishes were. if it goes on the market i will and my brother will keep holding out for a better offer. think everyone needs to agree but im not sure.

    The bits in bold contradict themselves don’t you think? Why are you fantasising about 'catching people out', surely you'd need to build a case for that?

    Going to court isn’t like the movies. The judge is there to ascertain the facts of the case and not who said what.  It's completely irrelevant.

    I’m sorry but I’m beginning to wonder about your mental capacity, you keep going off on a tangent about who did and said what.  Have you actually contacted a solicitor today to help yourself? If not why not?  Going forward I don’t think you’re likely to be involved in any decision making.


    Happy moneysaving all.
  • Heltaskelta
    Heltaskelta Posts: 10 Forumite
    10 Posts
    sassyblue said:
    i think myself with the evidence I have court would suit me better especially as i can catch them out in lies should the need arise. this is me trying to show the lies in the solicitors letter ive had.

    there is no need to be building a case against anyone or anything in my opinion. 
    this is what they are doing to me at every turn i can see your misinterpritation.

    The bits in bold contradict themselves don’t you think? Why are you fantasising about 'catching people out', surely you'd need to build a case for that? sisters are building the case against me thats their mentality

    Going to court isn’t like the movies. The judge is there to ascertain the facts of the case and not who said what.  It's completely irrelevant. until today i honestly though i would be standing in the dock giving my evidence.ive quickly come to realise that wont happen. thanks for hammering it home sassy blue

    im knew to this forum so please bear with me.


  • Skiddaw1
    Skiddaw1 Posts: 2,322 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper Photogenic
    edited 23 May 2021 at 12:42PM
    OP, I think you have to accept that, whatever the ins and outs of your relationship with your siblings, you've (I'm sure inadvertently) made a complete pigs ear of things and all that's now left is damage-limitation. Going to court (which I suspect is most unlikely in any case) won't help anyone. Ideally, the best way of moving forward is for you to contact your siblings, hold your hands up to the fact that things have gone pear shaped as a result of your actions and see if a compromise/route forward can be agreed between the lot of you. It'll be hard, but you'll need to stay objective and open to seeing their points of view. Failing that, get yourself an appointment with a solicitor who can mediate between you and them (and hopefully sort out the mess). I'm sorry you're going through this on the back of a bereavement but what's done is done and this really does need to be resolved with the minimum of emotional (as well as financial) pain to all of you.
  • TBagpuss
    TBagpuss Posts: 11,237 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    OP, have you spoken to a solicitor and taken proper advice, yet? IF not, do that now. 
    They will be able to give you more specific advice than we can here. 

    It sounds as though, given your mum was suffering from a brain tumour, there is certainly room for doubt around her mental capacity which si why things such as what the earlier will said, and what, if any, contact she had with medical professionals in the period leading up to her death will be very relevant. Had your mum taken advice at the time she wanted to make her will, a solicitor would probably have advised that a medical report was obtained so there was clear evidence of her capacity. The fact that you drafted the will which advantages you significantly in comparison with other family members is a huge red flag , and certainly raises a concern about undue influence. 

    The will is incredibly badly written but that doesn't automatically make it invalid, similarly, if you used the PoA after your mum's death, to transfer money, you did act unlawfully but not necessarily dishonestly. 

    I think you need to get some urgent professional advice and consider whether you are going to seek to enforce the will  or to negotiate - bearing in mind that if this will isn't valid, then any earlier will may still be valid, failing which the rules of intestacy would apply. 
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
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