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Newbie help with contesting a will.

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  • Newbie help with contesting a will.

    Hi Folks.
    I'm a newbie, just signed up and was looking for some advice.


    My partner lost her Mum recently, everything was left to her Dad, sadly he passed away 9 month later. Her brother is an executor along with the family solicitor. The will was written four years ago.
    The brother has been left the house, contents and all personal possessions. My partner and her sisters were left the residual money after all fees are paid.


    Now for the problem.
    The house and contents have been under valued to the tune of say £300K, on a statement of accounts provided by the solicitor.
    The residual is showing a few hundred pounds, when in fact it was known there should be at least £100k cash in the bank accounts.
    My partner is distraught that her parents have made no provision her and left it all to her brother
    Upon the Mums death the brother appointed himself power of attorney over her Dad within 48hrs.
    My partner gave up her job and became her Dads full time carer, as she lived local and all other siblings were a few hours away and were not interested in caring for their Dad.
    I'm at a lost at were to start on the following problems:


    1. Has the brother fraudulently taken the parents money over the 9 month of having power of attorney. And how can I prove this and gain access to the bank statements. Should I contact the Office of Public Guardian? A Solicitor? The Police? Or all three!


    2. How can the valuation have been so low on the house and contents? Can this be revalued? Is this a matter for HMRC as the Estate has been valued under the threshold for IHT.


    3. Would my partner have a chance of contesting the will under the Family & Dependents act 1975?
    My partner isn't a home owner we are a low income family receiving tax credits. My partner gave up her job to care for her parents, and basically over the last 10 years has worked her employment part time so as to look after her parents (mainly shopping, cleaning and running errands for them). She's currently signed off with severe depression and other health problems. Her brother on the other hand has no mortgage on his property and is fairly wealthy.


    Sorry if my first post is a little long winded, any help would be appreciated.
    Thanks
    Stirling
    Tags: None

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