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Stirpes - Issue Removed from Will

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  • Stirpes - Issue Removed from Will

    Dont know if anyone has any experience or knowledge of this. But my aunt who took absolute control (POA) after my dad who had always dealt with her affairs as shes been out the country for 50 years.... despite offers of help from my side of the family all rebuffed... Aunt pretty much accuses us of doing nothing despite my Dad dying of terminal cancer. We then find out from my very confused 96 year old grandmother that the Will
    had been changed around the same time as the POA was granted... although she couldnt remember doing it? Only that nothing had changed and her intentions remained the same... No one was given a copy of the new will despite my nan verbally telling me to go and get it...i felt it was inappropriate at that time. My dad passed away around 2 years ago and we took decision not to tell her of his passing as she was doing well in the care home and this would cause her immense distress and could have led to an earlier death...due to how frail and confused she was...
    my nan sadly passed a few weeks ago... and I know the stirpes/issue Section 33 has been omitted from the new will...
    I am considering legal advice. But wondered if anyone had any prior experience of such matters?? Having done a bit of reading I believe i can contest as i believe...
    1-I and my siblings were included (as issues of the beneficiary-my dad) in the previous Will made only a few years prior to the NEW one..
    2- My grandmother never knew of my dads passing and could therefore not make any changes to the will which may or may not have benefitted me and my siblings
    3- I consider we have been poorly provided for in the will given the level of relationship/assistance (for 60 years or more...)we have provided to my nan and my grandad when he was alive.
    4- My nan was in a very vulnerable confused state when she was marched to sign this new will and i worry that her capacity had already passed... despite the POA solicitor who probably spent a few hours with her during her entire connection to my nan stating she was of sound mind. I know this is difficult to prove.
    its not a vast sum of money and most will go in legal fees. Its a cliche but it is a matter of principle as my aunt has been secretive deceitful and unpleasant throughout.
    if anyone has any thoughts i would be very grateful.
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