Can I check if my Mother had her mental capacity checked by Solicitors when she made her will

billy2shots

GhibliFan said:

I feel so sad for you and your Mum, sounds like the husband manipulated the situation to benefit his children when your Mum was vulnerable.  At least you know your mum was upset by the situation, it must have been so painful for her to tell you,  but she didn't want you to get a nasty surprise.  My condolences on the loss of your Mum.

No, we don't know that at all. 

As per my earlier post, my parents were a little teared up telling me they were leaving me nothing. Nobody was forcing them to do anything. Maybe guilt causes that reaction, I don't know. 

BooJewels

@taylordebs - I wish you well.  It has been my recent experience that when people die, family dynamics and relationships change - sometimes in ways you might expect and are obvious, sometimes it comes as a surprise.  Things can happen or be said, that can cause great hurt.  Most times you can't do anything about them, but the one thing you can do for yourself is decide how to respond to it and how you're going to cope with it.   It's quite a revelation sometimes to see someone's true colours when the dynamics do change.  Sometimes in a good way, sometimes not so much.

You have to pick your battles - some I've taken on because I don't have much emotion invested in them and I quite like a challenge.  Other things you just have to let go for your own emotional well being and once you accept that, it is quite cathartic and can be a great weight off.  It's sometimes easier said than done, but often the price of continuing a fight is just too high - maybe actually financially, but certainly emotionally.  I've found it helpful to count the blessings I still have.

silvercar

taylordebs said:

diystarter7 said:

diystarter7 said:

OP
In order to support your quest, how did you get on with your mum?
How often did you see/call hers and vice-versa?

Did the will inc any other siblings you have or family from your dad's side?

Dis your mum ever mention the will to you and are the half-siblings a lot more financially vulnerable than you and you are relatively comfortable financially when compared with them?

What has stepdad said I'm assuming you have spoken with him

TBH, I'm very much anti-will turning but if there is a case and evidence of manipulation then it needs to be addressed.

I wish you luck in getting a clear picture re your mother's state of mind when the will was written and the reason/s why you was left out.

No one has mentioned this but it is important PS: Almost all medical conditions vary person by person and there are early stages of dementia where ones ability has been hardly impacted. The person may not be a 100% of they were the year/s before but are capable of making an informed decision. There, it will be very difficult to prove you mother lacked capacity unless there is a record of her health stating that for around that time. With dementia, even a bit later people have good and bad days but early dementia from the people I've seen via work years ago were able to go out alone, stay at home alone etc,etc

Your choice and good luck and I hope you get the info you seek to rest your concerns one way or another

Hi OP

If/when you come back and either confirm if you have seen the will, I will then post a few more thoughts on this.
Good luck.

Hi yes Mum told me that she had written her and seemed upset to tell me that I wasn't in it. Stepdad died 2 days before Mum. I was extremely close to my Mum and saw her and spoke regularly but stepdad didn't like me and I understand that he would want to protect his new children...no step children involved. I feel she might have been pushed Into making the will. All of us half siblings are adults with houses and families of our own. Thoughts very welcome thanks

We have clauses in our mirror wills stating that one needs to survive 30 days from the other in order to inherit, otherwise it passes to other beneficiaries. We put that clause in as we were advised if both die together it is assumed the elder died first.