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Should I contest the Will?

162 replies

pickledcrumpet · 01/04/2021 09:22

My late parent passed away just over two years ago. They lived on their own but had a lot of assistance from a specific relative as well as daily meal service deliveries and nurse visits. They were also diagnosed with Alzheimer's. I lived a two hour plane trip away most recently and prior to that the other side of the world so only visited a few times a year as I had a demanding job and young family but I telephoned them nearly daily. This other relative let's call them "Sally" assumed more and more responsibility over the years and took over all financial affairs as power of attorney by the time my parent died. Unfortunately I never discussed the Will with my late parent, I was embarrassed and taught it was vulgar to talk about family money. I was made aware by "Sally" they had encouraged my late parent to write a Will. After the death I was told by Sally she was the executor and she told me the entire estate was to go to myself and my children. Having not dealt with the situation I did not question. Months passed and I was asked about sale of house and what would like to do with the proceeds but I hadn't been given the Will or knew any details as to the value of the estate/bank accounts etc. finally I bit the bullet and asked to see the Will and was surprised to learn I would not be managing my own children's estate until they were adults, Sally would. I sort legal advice and was told this is unusual and I should request I manage this as well as a list of assets and expenses to date. Salt refused both. I then engaged a lawyer who noted the Will was downloaded from the internet, and of very poor quality/unlikely to have been shown to a lawyer. I also then discovered there was also a codicil, after my lawyer requested to see it, we lessened approximately 1/3 of the estate would go to Sally and her children and it was signed 3 months prior to my late father passing. My lawyer also questioned the validity of the Will and codicil as Alzheimer's was on the death certificate. We have finally reached a point where sally has agreed to let me manage my children's inheritance but she is refusing to budge on the codicil written only 3 months prior to death. I have asked to have access to my late parents medical records as I don't know the date he was formally diagnosed but I have reason to bet it was prior to the Will and sally has refused. My only choice now is to take Sally to court. I know my late parent was incapable of writing a Will and also trusted Sally. They would have signed and agreed to anything Sally put in front of them. Going to court will be expense and I risk losing. Any advice on whether to go to court or bow out? I strongly believe Sally wrote the Will, Sally took advantage of my late parent and felt they should be compensated so added the codicil just prior to my late parents death. The fact that Sally is not willing to let me see the medical records I believe is also very telling. Thoughts?

OP posts:
thecognoscenti · 03/04/2021 09:24

@Postdatedpandemic

Sally is a common, second rate lump of shit, who deserves nothing.

I have a friend who's will left most things to their children, The children contested the will, the codicil was that if contested the whole lump went to step mother..
If only they had ever spoken to their parent.

Wow. So she helped take care of this man, took time to visit him every week, and that's how she's spoken about? Please bear in mind you are only hearing one side of the story here.
BullOx · 03/04/2021 09:50

@pickledcrumpet - where was your father based? A lot of advice here will be based upon a UK assumption, but if that’s not the case then it may not be relevant advice at all.

pickledcrumpet · 03/04/2021 12:14

@dontdisturbmenow

What's the point of trying to debate whether Sally did a lot, deserved anything and OP did it didn't do enough.

It all comes down to what OP's father thought and whether he was mentally capable of baking rationale decision.

He might have felt that OP should have done more, maybe Sally did led him to believe this, but even so, that's not illegal if the person is deemed sound of mind.

It all comes down to either she wrote the thing herself and pressed on her brother's hand to.put his signature, and/or he wasn't mentally capable at the time to make any such decision.

Just one thing that I don't get. You mention a will and than a codicil. The codicil goes in her favour, so if she'd written it, coerced your dad to sign it, why didn't she mention it immediately with the will rather than produce it later?

If I hadn't have got a lawyer involved I'd never have even known about the codicil it's for funds in another currency/overseas. She hasn't included it in the list of assets.
OP posts:
ancientgran · 03/04/2021 12:20

Originally you said, "They lived on their own but had a lot of assistance from a specific relative now it is Sally visited him once a week for an hour or two and managed his finances.* Either way she saw him alot more than you, was much more likely to be on call for an emergency than you. I'm sure there were times when you were happy she was there for him.

ancientgran · 03/04/2021 12:23

I wonder who witnessed him signing the will/codicil? They will have more insight into his state of mind at the time as they saw him.

dontdisturbmenow · 03/04/2021 13:49

After the death I was told by Sally she was the executor and she told me the entire estate was to go to myself and my children
But why would age say that if she knew if the codicil? Could it be that she herself didn't know about it at this stage?

pickledcrumpet · 04/04/2021 06:01

@ancientgran

Originally you said, "They lived on their own but had a lot of assistance from a specific relative now it is Sally visited him once a week for an hour or two and managed his finances.* Either way she saw him alot more than you, was much more likely to be on call for an emergency than you. I'm sure there were times when you were happy she was there for him.
Yes I was happy she was there for him. I've never said I wasn't. I lived too far away to see him more frequently, she also enjoyed his company. I do however believe she took advantage of his dementia, wrote the codicil and asked him to sign it. He trusted her and so did I until her behaviour after his death. He would have signed anything either of us out in front of him. He would get us both mixed up on the telephone.
OP posts:
pickledcrumpet · 04/04/2021 06:02

@ancientgran

I wonder who witnessed him signing the will/codicil? They will have more insight into his state of mind at the time as they saw him.
I don't believe they were known to him.
OP posts:
pickledcrumpet · 04/04/2021 06:04

@dontdisturbmenow

After the death I was told by Sally she was the executor and she told me the entire estate was to go to myself and my children But why would age say that if she knew if the codicil? Could it be that she herself didn't know about it at this stage?
She wrote, printed and dated the codicil. He was not capable of doing any of this. He didn't make any outgoing phone calls (we rang him), didn't cook (meals on wheels), had a cleaner and nurses visit. He was only capable of answering the phone and ace at making cups of tea.
OP posts:
Marshy86 · 04/04/2021 07:22

Hey Op, I think the best option is finding a lawyer in the same country previously stated and obtaining the medical records. I don't think you will be able to do much until you find those facts out, could you talk to some of his nurses that would visit him ?

dontdisturbmenow · 04/04/2021 12:58

She wrote, printed and dated the codicil
Sorry but how do you know that? It's just quite odd the codicil didn't manifest itself until months later when it actually benefits her. What was the strategy behind producing it at that late stage?

BruceAndNosh · 04/04/2021 13:11

A diagnosis of Alzheimers / dementia does not automatically mean someone lacks the capacity to make a Will, although 3 months prior to death sounds dodgy.
My mother wrote a POA many years before her death. She revised it after her dementia diagnosis to add additional Attorneys. The solicitor knew of her diagnosis and ensured that she talked at length to Mum without us (the Attorneys) being present to make sure Mum understood what she was signing

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