Is this will valid

BooJewels

@poppystar is right - sometimes deciding to do nothing and making the conscious decision not to act, is the best outcome - for any number of complicated reasons. Often, just the act of making a decision liberates you from the anguish and brings you peace. 

I've lost 2 family members this year and there was something in each of their Wills caused me some consternation (not necessarily for myself) - but reaching the point, after a few days of churning it over - to just let it go, brought calm and allowed me to move on.  I just had a talk to myself and made that decision.

But I think taking legal advice with some expediency would allow you to at least make any decision from a better informed standpoint - that in itself might be a worthwhile investment.

youyangs

But now is the time to try to see if it is possible to minimise the loss. Do nothing and it is a certainty that the Will will stand. Time for action or to accept you have decided on no action. This is no criticism, there may be very good reasons why you are reluctant or unable to act, but that is the one decision you have control over. If you decide to leave it all as it is then you need to put your attention on accepting that and moving on however you can. 

That's good advice.
Sort of a "put up, or shut up" approach.

youyangs

BooJewels said:

@poppystar is right - sometimes deciding to do nothing and making the conscious decision not to act, is the best outcome - for any number of complicated reasons. Often, just the act of making a decision liberates you from the anguish and brings you peace. 

I've lost 2 family members this year and there was something in each of their Wills caused me some consternation (not necessarily for myself) - but reaching the point, after a few days of churning it over - to just let it go, brought calm and allowed me to move on.  I just had a talk to myself and made that decision.

But I think taking legal advice with some expediency would allow you to at least make any decision from a better informed standpoint - that in itself might be a worthwhile investment.

I'm sorry for your losses.
Not quite ready to let it go yet, but a contentious probate expert may sway me one way or another.
I'll still try to negotiate before that though. Who knows, it may work.

tooldle

youyangs said:

It does seem that time is the key, as mentioned by others as well.

I've looked into the "no win no fee" option and it could be worth considering.

Part of my reluctance in litigation costs is a result of memories of my dad working hard for his little "castle". It's breaks my heart to think of a lifetime of dreams and promises, with a net result of filling the pockets of those who don't need it. Just because my mum was suffering with mental health and dismissive of the help I was providing for her.

Though I guess plenty of estates are lost to care home fees as well. Life isn't always fair.

Ok, this might sound harsh. Your Dad has gone and he made his own choices as to whom to leave his estate to. Whatever he left is now your mum’s estate and she also made her choice as to how she wanted that shared out. Whether or not beneficiaries need the inheritance, is irrelevant. Wills can be made by persons suffering ill health. Whatever help you provided to your mum has no relevance to the will. 

I am not convinced there is an issue in the will writer, beneficiary / executor knowing one another. 

youyangs

The pockets I was referring to were those of solicitors, not the beneficiaries.

Wills can't be made by those suffering delusions though, if those delusions contributed to the testamentary decision.

I'm still thinking the will writer, knowing the beneficiary and writing a will for them making them the main beneficiary and witnessing the will they wrote, especially when the beneficiary referred the testatrix to them; is an issue. But plenty of people seem to think not...

Sarahspangles

Did the beneficiary also have LPA?

youyangs

Both beneficiaries had POA. The Will writer had LPOA.

Sarahspangles

youyangs said:

Both beneficiaries had POA. The Will writer had LPOA.

I think you need to be realistic then - POA does not allow the attorney to amend a will, but if the relative had capacity to make a will then helping the relative to find a suitable professional to do this is exactly the sort of thing a POA is meant for

tooldle

youyangs said:

The pockets I was referring to were those of solicitors, not the beneficiaries.

Wills can't be made by those suffering delusions though, if those delusions contributed to the testamentary decision.

I'm still thinking the will writer, knowing the beneficiary and writing a will for them making them the main beneficiary and witnessing the will they wrote, especially when the beneficiary referred the testatrix to them; is an issue. But plenty of people seem to think not...

Are you suggesting coercion rather than lack of capacity?

tooldle

Does this help at all https://www.thegazette.co.uk/all-notices/content/100844 in understanding how low the bar is to establish capacity?