I was his POA.That was revoked and I get the letter 2 days after his death. His mind had gone totally. I've no doubt it was illegal but I couldn't afford to contest it or be bothered with all the hassle.
Fair enough. I know they have different rules in Scotland and I wouldn’t be confident to comment further.
Basically the Law on this would be the same as England (ie::Being of sound mind,as OLM said).To contest a will is an expensive business and getting a Solicitor to go against another Solicitor would prove difficult. They're all drinking from the same trough...
Couldn't the same be said about finding one willing to tear up an active POA for no apparently reason?
Any solicitor who amended a will, in the knowledge that the writer had Alzheimer’s, wouldn’t be a solicitor much longer.
I've no reason to argue with that,you're right. This happened a few years ago and some times when I've thought about the whole sorry affair I've regretted not taking it all the way.I did seek some legal advice at the time and was told that it was an expensive,drawn out business and yes,there was a chance I could have it (the will) turned over but there was also a chance that a judge could see it the other way and deem my Father as being of sound mind when he amended the will.If that happened I'd be looking at huge legal costs for the other party's solicitor and sadly it was a gamble I couldn't afford to take. Alzheimer's is a bit of a mystery to me,I'm not an expert.Some days he was O.K,others he was on a different planet and didn't know who was who. It was a dreadful business and I know in my heart of hearts he was coerced by her and her family,her Daughter's were as guilty as her,they were putting things in his head and he was really vulnerable. Awful,money motivated people and as others have said,these vultures exist in most families.My conscience is clear,I'm comfortable with that.
I once enquired about adding a bit in my will so that my debts were left to a specific individual. I was told that it was possible to do, but the individual wouldn't be obliged to accept, so I thought 'where's the fun in that?' and didn't bother.
Solicitor v Solicitor. Difficult? No, it would be like watching two dogs fighting over a bone. However, in the original post, there is no will to contest. Retain a solicitor, apply for probate, add in any interested parties in correspondence, and let what will be, will be. ps All those who have read this thread so far, and do not have a will. Your first task today is to do so.
Sorry forgot to update on this. The solicitor told she doubted that I would need more then the 30 minutes. Which was very honest of her. She basically as there is no will we'd have to apply for probate. It could be in both me and my sisters name or just one of us. I did do that on the 12th May. As long as I'm acting in the interest of estate then there will be no problems. There is no law against the time it takes, grief is different for anyone else. I don't have to involve my sister, but keep her updated. If one of us decides to keep the house then because we'll be 50/50 then the house cannot be sold.
I'm so fed up with my sister. She is insisting that because I had taken out probate I have to pay it and claim back the money when the house is sold. Things like divorce certificate needs to paid for, skip hire etc. I really wish me and my partner had let my dad go into care and let care fees swallowed the house sale.
Fear not young Jedi. Your retained solicitor will resolve all this. It is why you pay their, as I believe they like to call it, reasonble fees.
It’s a pain in the arse Long run you’ll be fine though If solicitor can sort without too much charge that’s a good option
This is another dilemma. My mum is still staying in the house. Her and my dad were divorced and my mum has no legal rights to the house. Yesterday me and my partner went to clear the house and we'd asked my mum to go into a hotel that we paid for. She refused to go. My mum is bipolar disorder and scared of going outside. She needs to obviously move out the property. I'm not sure how we do this as I feel she'll just refuse to move out. I don't want it to.get messy. But I need to sell the house and move on.
There’s a housing shortage in hull right now so she needs to get moving She needs to leave Might be you need to evict her depending on your relationship with your mam Or get a deposit to give to a private landlord she may have bi polar but she still knows what she is doing and it’s not fair on you mate
This would be the last resort. I think you need legal advice again, if only to explore any other possibilities.
