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Pressure being put on my Aunt to change her will

14 replies

karmabeliever654 · 08/07/2020 19:12

I have a problem regarding my aunt’s will, and wonder if anyone can throw any positive light on it for me. I apologise for the length of this, but I wanted it to be the full story.
The aunt is my late father’s sister, a widow, no children. My mother, being my aunt’s sister in law, was the sole beneficiary for a long time, until she died in 2018. The will was then changed to my cousin’s son (who I’m going to call ‘D’), who basically intimidated and frightened my aunt, by bellowing at her that her property was going to be ‘mine, all mine, and nobody will take it away from me’, and telling everyone that he was going to inherit her property and money. His mother, my deceased cousin’s wife, (who I’m going to call ‘G’), has had much from my aunt, in terms of furniture and money, including a lump sum to pay off her mortgage, over the years, and has very questionable honesty and integrity. Money and personal effects went missing from my aunt’s property, and she had a period of being very out of sorts, and muddled, also taking double her medication, which resulted in her falling on more than one occasion. These things combined worried me, and I wrote to her solicitor, who told my aunt he thought it would be fairer if everything was split four ways, with me, my sister, and these two family members. This was done.
A period of relative quiet followed, but which ended when G (having named herself as next of kin, without permission), badgered my aunt’s doctors’ surgery, and in the end persuaded them that she was losing her marbles, and a doctor needed to confirm this, all without my aunt’s permission. Although not 100%, the doctor determined that my aunt was pretty good for ninety three, and so the plot was foiled. Not only that, but she had also offered to get my aunt’s pension for her, asked for a large lump sum to pay off her mortgage (which unfortunately, my aunt gave her), and attempted to get money out of my aunt’s account at the bank.
The doctor’s visit was the final straw, my aunt was understandably very angry and humiliated when this happened, and instructed her solicitor to take G and D from the will completely. The solicitor spoke to the doctors surgery and found that she had been a complete nuisance there. He wanted to take the incident further but my aunt decided not to. However, she had the locks changed and vowed that ‘they were dead to her’ and she never wanted anything more to do with them. That was October 2019. She was very relieved, and said a weight had been lifted from her.
We visited at Christmas, and these people were not on the scene at all. No Christmas card, present, nothing.
Roll on to this year, corona virus kicked in. We were due to see my aunt for her birthday in May, but obviously couldn’t visit. D (and his partner) turned up on my aunt’s birthday with a present, and birthday cake, at a time when she was the most vulnerable and lonely, and also when she was shielding. They have managed since then to win her round and persuade her once again to change her will, and leave everything to him. Apparently he has told her he will keep her property nice and tidy!
She told me this in a very matter of fact manner, and wondered why I sounded horrified at the prospect of this happening. Her solicitor seems complicit in this, even though he knows what has gone on in the past. He is also the executor of her will, and I believe, has Power of Attorney, although this is yet to be used. I do not trust these people, and fear that once the will is changed, at the age of ninety three, small, frail and vulnerable, it wouldn’t take much for her to ‘have a fall’, and they will have their hands on her money and property.
I am at a loss as to what I can do. I live three hours from her, which doesn’t help. I have spoken to social services, who could possibly intervene, but I think may worsen the situation as my aunt is very stubborn, and I don’t want to upset her. Obviously I can’t talk to her solicitor, and nobody else is involved. Help! Has anyone had experience of this sort of problem?

OP posts:
cabbageking · 08/07/2020 19:37

To get LPOA you need to notify close relatives at the time of application before it is granted. Check with the solicitor.

Purplewithred · 08/07/2020 19:43

Unfortunately if she has capacity then it's her right to make a decision others might call unwise. Do you really think they would try to kill her?

prh47bridge · 08/07/2020 22:18

I don't know why you describe her solicitor as "complicit". If she has changed her mind and has testamentary capacity he must follow her instructions. He cannot refuse to make a will in the terms she wants just because he thinks it is unwise.

If you think G and D have exercised undue influence (i.e. they have pressured or coerced her into changing her will) you may be able to challenge her will but you can't do this while she is still alive.

karmabeliever654 · 08/07/2020 22:39

Thank you for your views, it is certainly helpful to get other people's perspectives.
To answer the various points, I think the solicitor has organised the POA, but because she is still of relatively sound mind, it is not active. As far as I know, nobody was informed of anything at the time of application, unless my mother was, and I did not know about it.

OP posts:
karmabeliever654 · 08/07/2020 22:43

It is her right to make her own decision, but I know she would not have come to this decision on her own. I believe they are frustrated that she is keeping going, and once the will is changed, it would only take a fall for her to be incapacitated, and at ninety three, the consequences wouldn't be good.

OP posts:
karmabeliever654 · 08/07/2020 22:55

I know the solicitor has to follow her wishes, but I did think he was supposed to have her best interests at heart, and that means keeping her safe. He knows full well of the background of these people. If things go as they have in the past, something will happen and they will show their true colours again, and so it goes on. I don't want her to have to keep going through the same thing, as she is getting older and more frail. If I can't do anything to protect things while she is still alive, I will have to challenge the will afterwards.

OP posts:
VodselForDinner · 08/07/2020 23:03

If I can't do anything to protect things while she is still alive, I will have to challenge the will afterwards

But surely your concern is for your aunt, and not her money/house, so why would you contest the will once she’s gone?

Poor woman. Sounds like the vultures and well and truly circling. From all directions.

Caselgarcia · 08/07/2020 23:05

Could you go and see her and ask if she is happy that the will reflects her wishes?
If she felt pressure to change it, suggest a visit to the solicitor to amend it to reflect her intention. The other family members do not need to be informed, so don't tell them.

hatgirl · 08/07/2020 23:27

@VodselForDinner

If I can't do anything to protect things while she is still alive, I will have to challenge the will afterwards

But surely your concern is for your aunt, and not her money/house, so why would you contest the will once she’s gone?

Poor woman. Sounds like the vultures and well and truly circling. From all directions.

Yes.

If I can't do anything to protect things while she is still alive, I will have to challenge the will afterwards

Very telling what your motivation is here OP and it's not concern for your aunt's welfare.

WinterAndRoughWeather · 09/07/2020 00:27

Why on earth would they kill her if they’re already the beneficiaries on the will? If she’s 93 they won’t have that long to wait anyway.

anyonewannawoo · 09/07/2020 00:39

Poor Aunt.

Try and contact social services and lodge some form safeguarding risk.

Maybe contact AGEUK and suggest that someone goes to visit her as she's lonely.

If she's got her marbles she could leave everything to Donald Trump if she wanted to, and change it to Boris Johnson the week afterwards.

canigooutyet · 09/07/2020 00:47

I'd been phoning up Ageuk and Social Services to get some advice and any independent support etc available.

It would do her good to talk to someone outside of the family so can freely make her own choices without it all talked about within the family.

dontdisturbmenow · 09/07/2020 07:42

Poor woman. Sounds like the vultures and well and truly circling. From all directions
Sadly that's how it comes across.

This poor lady should have a good friend to advise her to do what she wants and doesn't reveal what her will states to any of you.

Pity this wasn't the case from the time your mother passed away. She must feel so stressed.

SaffronBuns · 09/07/2020 07:49

Elder abuse (financial) is a thing. Our local police force were doing a social media campaign about it a few weeks ago.

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